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

AnUsEMENTs, 90.
IHE TERRITORIAL GDyERMENr
AGAINST THE MUNICIPAL
GOvFRNh ENT
The Case I'm Conrf
Injunction Grsated Against Mayer
Emery et al.
HE Opinions tu the Case.

present the Court anrJunced its decision in
the cases Of Cooke et a.. ssi. Emery ct al. aud
Distsict of Columbia agt. the CORPORATION of
Warrington, Oils for au in notion TO restrain
the execution o: the paving contracts, and to
ailu, lLs >a1 {, WI 'ea nave BEEN srgded since
iue-day l2st,) oveI. al ng tue dec son of Judge
VI aUT, ~ re court below, aud ordering
Al iv5u1ctiCs - ,ue in ne FIST 4 l,e and con,
t-;u-1g ne Second [ e, Chef Justice q ritter
Ge' Vered re OP-r on of tire Court. "a follows
CfiNIOs or Ct z II sIICk GAZETTEER
IN iAe c7sS OF 4 -)ke e. -. against Emery ct
a., tp' a aTPes i.0m The SPECIAL term refu ing
cone!uc' / nat he junction or-ht TO be
gTSHtej.
The discussion Of the case has taken a very
Tide range, reaching into The general ganiz :
ron OF the new government here, and discuss.r ?
a II suu0ual piirciU les of great magnitude AMI
gfest interest; ard VII en-, IN the considers ion
OF ne court, eve rot e Ultimately a part of the
question pending before tue cOurt, and upon
"h'cl TOE court does o. feel Inclined 10 pass
until ne occasion shall T, 1U'~e the interpreta
ten OF ii 81 diifsrt nj functions of the govern
TeIj CT 1T least IN 4 - merits OF This case
sha y De aTiudged ON - fuaI hearing. The
question before the court involves, FIST, tbs
district Of Columbia. We think that the
board does 'Ai,s, mas q force for tue
1atI1@t- OF it, CrCaiOn. and that upon this
lO.rt there is Te.y Ett'e lei. Tor a cor 4
u deter mine IN cOIJectars OF under arm
NETT Ne are Instructed by law that it xlsts
which ought % be rbe end OF that question.
me S.th section OF the act organizing the
govern ment for the Distlict OF Columbia pro-
VI .es That here shall be IN the District of
Y IHmDis a Board OF Public Works 20 consist
o. the Governor, Who shall be president of said
President of the United States, by ana with the
advice and consent of the Senate one OF whom
shsl be civil engineer, and the others citizens
aud residents OF the District, having the ouaiti-
cations OF an siectOr therein; one OF said board
s1ali be a citizen and resident of Georgetown
and one Of said board shall be a citizen arr
IesIcEut of the county outside O! the eli .es o.
Wasbin. ton and Geor getown. They shan boId
ONCE for The term o. four years, unie.s sconer
removed BY the President of the United States
The BcaId CT Public Works shall hare entire
control OF ar Il make all regulations which thew
SasiI 1Nen necesslfy for keeping in repair the
streets, svenaes, alleys, and sewers of the cIy
and AL OfeeT WORKS wrich may be intrusted to
Their CT srge by the legislative assembly or Com
gTess.
Now. il there was nothing In the legislation
teat accom- pinies ne 81 ia section - -. .pone
the ss'stence OF This board 10 the future, th,y
would d into power with their Creation and
qualification a. board, under well-aecepsed ir-
teFretat on CT legislative authority. IL is
CANNED iu2smueh as this entire act con EN-
plates the subsistence Of power in pre-exjstiup
corporation With the first of June, and The A.,
vent ot power in the new government in fun
fIuitiOn az that p4iOf, that this BODY called
the Board OF Public Works was postroned 10
that event, and took on their authority with it,
There - much force in that argument if n
was rot controlled by other considerations; but
This subject, and into the object of legislation
TedTIng one set OF governments and substituting
another: anu retiring the outgoing governments
gIaonaliy. cutting Of their power a. fast a. the
advent OF the new government REQUIRES IN.
leaving behind 10 be exercised until th, first OF
June only those functions OF power which were
ns eessaIy 10 the current protection of the peg
pie and property OF the District until the nav
government should be newly installed we md
ire legislature contemplating a gradual disap-
II rance of their power into the first OF .Juas
q "a
inc ~, pat a. perfectly conclusive, in our
judgment upon q question end closing con-
, to'Ttx iron NJ. Ihe power that made
AEd the cecisTation OF their intention = i,.r-
lee Il consistent y the text oil the law "a thew
Htteieu u; ~ TO SIe Incomstable win n. IN 1lJ
wise an addition 70 II or repeal OF it. but sinay
The uiteTance of what was intended ~ IT, MAJ
Interpretation reads a. follows: And said h11rI
sh1li Se Reid 70 be an existing board for all tire
lurl CsSs -peeined In the "A CT to provide A eoy-
mt for the District OF Columbia" ,I,m
and after the appointment aud qualification OF
the men hers thereof.
Now II this constitutes the law and the an
lfOIity Of this subject it precludas arguEant
Bun II IS ssid that that law although IL exists or
thar einendation CT the law as IL was originally
Fasst u Is n constitutional and void in es much
a. IL Is 81 post Toct0, and in much "a il Is iu-
oerSg@tlon OF Vested rights, and in as much as
II i Iaeted in the peril and prejudice of exist
ing e2n'.set; THIS Is the only answer Eiver.
made ard elo4 uentiy urged, fails OF its object.
The Law does not profess TO be retroactive IL
cAn ho' &c UNCONSTITUTIONAL Ii can not in tie
nature OF 'be law be uncons itutionai without
Inc predicate OF explanation, the law sf which
" IL me interpreter s unconstitu tioral. The
on &c o. declsratory law is to signify to too e
upon which II bears as authority what is intend
ed BY II. and to be unconstitutional IN nee
e.ssriiy involves the uncoDstit ationalitv OF the
Jaw that y processes 70 interpret for it is merely
'he mourn piece OF the law that IL already
made. The Interpreter of the law that i al
ready mace Ii merely bears testimony 10 what
pas Been done, and processes to create no right
IN ADDITION TO the law tia. il processes to in-3r
pet, ard unless the found atom Law for which
u speaks IS unconslitui Cnal in itself the
au'IIsty law that lives it it's voice Cannot lie
nnc )rstItuf iOnsl. But there were no contracts
70 lie sacrificed b. *. The contracts made or
attempted 10 be made were made under the
SLAdOw OF the Processing law, and void by
isrson oI ,ne teSt CT that law, not by IN or
~ Interpretation, its Specification, but void
nhCtE toe opf ration G. the law that pervadcd
the nights OF the pSrties at the time il was
enacted tor thats All that this statute processes
70 say. hence tbs long. elaborate, learned
shd e'c9uent discussion over the cons ilutioDai
i'sht OF persons and property although yery
lam 10 Us character, as All abstract dis
tSSiuOH on That subject Is simply fauity in NOT
Ia ny any Application TO the case.
Nno LSr Gu; stiOu Is IA ed in this case and a
f1a -rCn ttat The granting an Injunction in
sJiVts me decls on o., nd that f., .ranting that
u EOs-G existed. a. the exclusive husband.
u an OF the highways aud bitches OF the
tiy AZ The date OF their Qualifications
nc cNtttASc VI power OF IcfunCt
lunc'ioI aTics Of the corporation for tbis pnr-
pose W.s uDautbOiiZeJ. : III they are without
renee y, traS mach as they have no authority
u" der u style OF their existence, and with the
leg siIorctioTs that enter Into tn cir eS stsnce-
10 spI cal - c1uit of equity 20 restrain Others
l. ON exercising the powers that devolyed on
The n. A
The court has cone 20 the conclusion that
ms .%tufe does charge them ~Ith such duty
IN Srcnce to the streets, ALLEYS sewers. &c,
OF Ire city, duties pointed out aud limited and
cautiously guarded by the Fundamental law
cor shutting territorial government here,
mat uey may appeal 10 q court Of Justice to
piO'eet them and the community over whose
LlgAIs they preside in guardianship, from the
o. suII mon and control OF parties without au-
tnSfny ln That behalf, whatever YOU please 70
= al ~, sEetner a semi-quasi corporation or a
.oeiu ~ puoAc works without the CORPORATION
Cheu 70 Them that still they have vested in
len o1Ies, oDhgations, authority and coniroI
thA' y tIoat them TO appear in the forum or i'm,
tee ss party to protect their anthoriIssa,
the hubJ CT OF their aUthorits from ,he in,sstn,,
CT rsus patton OF adversary inter ference a
row uIon this point also The cont hsvs cor
clnIed mat this complaint Is wei Connected
ara ~Hbout enterirg into any discussion over
me sfled functions OF government here winch
rave been widely discussed, aud deeminy -
Srly IMPORTANT that the court should mak, irsai,
intst sibie upon the simple point that N IA
call uron 10 decide over the granting OF q
teml Tary Injunction, we have concIuJaJ "a
ant IL ana u viii go forth from this'iate
-, NV tCbSE wYIIE CoyCuRs.
's1ee Nyile remarked that he coprurred in
We Ieel-ion OF the court. a declara torv Act
fnsy pc retrosrective as far rs the original law.