Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-12
THE PAVING co. fRs-r
Board OF sbitc We rks vs.. ne & oFpo-
ration or WeShins.o n.

=
COURT IN GsNxRAL TERN.-Ysstsrday. ate p
our req ~ o: the cas- o. C)oke ct al az. En-
cry 60 a., ID ID str.ct o. Columbia 1T. the
Mayor o. WashingsS n. Iyc.-b'"g for an irjuuc-
Ton 10 RESTRAIN the CITY from prosecuting wOTk
under the paIirg CONTRACT, &c, entered into
by said NsyO--was closed, Mr.. Davidge con-
tuned b's s-gTmcns sistiny that the charter
gave the power 20 the MavOr 10 make these con-
tracts in qu9siIsn, end Il was his duty "a an
agent to make hem 1t made no difference
hes1er or no. ~ mt acts continued be-
you'd bis I'm OF Office, be had done his duty in
executing the laws. He a, pmed therefore.
that the eOEsrac-7 will sS.nd, aud that the
Board o. Pubic Works are bound TO .ccogn re
them as valid 1t Is no an the I)wer even o.
tie CongTI . OF the Uni I'd Stltf5 to abroraie
thSse contracts. Neither Corr. az nor this
court have any r,o,e GIT - take the proper "
~ Oh any e,, 80, ansn meg nave arghtto hang
Judge DIN. int, Eupting the coun-sI. stated
tLat IN his opinion Cor less posse IS. Iae mower
10 M arr or apaul contracts ia this Dis ,lcs as
much a. they have power to Iegslate upon an ,
Ofhe- mater.
BIT. DaviJ e dissented from t,'s opinion, and
said that no ClNTt could he found in this or any
other country tG at regarded the Magma C1srtl
At al who would destroy the vested rights of
'-jiZsns even wGere legislation would war
rant IL.
The case was Resumed this morning, and
Judge lsbeI commenced h's s-gument Tor the
ire board 81 enc TINE the fling o. the br''s an
cyl .'rE hoard? Had Z capacity to sue and be
sued? IL II We. not an existing board at The
time, Is 'he second bill well brought? He ar
gued that it was an existing board, and il the
board failed 10 perform their duties a mandamus
would lie. II this be true, then they had the
IONsI % sle. ne mslntalnsd that 1t was an
eHlslDg bod, 9t the time OF the fling of the
bill; tina, acfo OF Congress go irto effect when
approved, eScept when otherwise ordered. He
Iead sections 81 and5i OF the act prescribing that
they act ss such officers and the duties of the
BOARD, and Claimed that they had entire control
on their qualifying over the streets, avenues,
Sc., and neither the contractors nor the Mayor
had tie power, as they are doing to- av. of
h1rrCv. . : aid cutting INTO tie earth. Ihis
work " as TIT OF " at Is known as
'TH. RtNGsTgRs.'
The c9A'NGc It's are gwen out, ard they thSl
Obtain the P~ssage Of bills for the work. Con-
Powers conferred on this. boe-d and the Bosrd
OF Health, aid the contract made sub -equen'ly
10 the act bv the corporation is a legal one,
Referring - the 10th section Re Lejd that II
former sCct'Cn srt1in powers were taken com
The corporation snd June Isl was fixed upon
when the rem ling powt would cease. The
section IN the deficiency b''I saws Just VIII At is
rad N tire 3lst ard 81 4 sec. ions; Ard he
claimed that the c'suse was an exposition Of
what they meant, and such authority is as
nign suthority as judicial decision as
condition Of things were which led Con-
eress 10 pass the act he read a newspaper
article IN relation TO sewers, and said that
sewers had been constructed without any ref
erenee % the wants Of the people. Some larger
once emptyiDg into smaller ones defective in
workmanship. year ago or more q commit
tee Of citizens went TO Congress and asked that
bill be passed. A bill " as prepared by Mr.. BIO.
CoOE, and Il was good one and be had no hes
Ifsrcy IN saving thai the act now in force was
better than SIR. Cooks or the bill prepared nv
MI Riddle. Il there any reason why this in
fernal system sLOCli not be broken up? When
such sewers were being made and streets left in
sHch had CONDITION could the remedy come too
soon he referred TO the Theater alley case
"a. NzilOI's) "a a specimen Of Careless m IMAGE.
nent. The Senate confirmed the nominations
OF the members of the Board OF Public Works
n seen as sent in, showing that they put the
CONSTRUCTION on the bill that il was IN force on
its approval. VII
judge Wyle.-SupPose the nominations had
rot teSn seIt III until Nav 31st?
heen neglect OF duty LOT which the President
might have been imHe1ched. IL was time that
THIS OLD ROTTEN CARCAsg
OF corporation had &c lsed. Ii lad walked
about = hiking for years.
Judge NyIe said lie had great doubts "a 70
the power OF the Mayor, in advance OF all law
authorizing work TO be dOEe, but the ouestion
was not raised in the pleadings.
Mr.. Cook replied that the answer raised the
question, and stated that they had asked in heir
blii Tor an order tfat the contracts be brought
into COuTt.
Judge Carte r said that the fact that they had
nOt been brought IN was enough Tor Injunction.
Judge Fisher continued, say ug that MIR.
DaVicge had claimed that CONGRESS hal not
the power 10 abregate the contracts In question.
IL l. true that private interests must be pro-
tected, bUt a r,ur'c ipsl government is not a
Irivate one, and C0ngr,ss may abrogate its
Contracts.
AT the close of Judge Fishers argument the
decision.