Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-09

20 the !ayment Of any sums of naney except 10
pursuance Of appropriate ne made bv lew. and
not mill such appropriation shsll have been
Ipa de."
5. IL was the PLAIN intention OF the Legislature
20 preserve the corporate power o. the city O.
Washington uDimPsiFed until the fret of June
EeSt, except tha taxes tor general PURPOSE are
not 10 be levied ny the city. If thus ststlte
takes away the spthority over the streets from
the corporation, from the time of it, passage.
and confers AZ upon the Board of Public Works.
tlen all the functions OF the city ceased AZ that
20 Tie Board Of Health, and 10 all the executive
and legislative departments, is in the same gen
eral language.
Mr. Davidge, on the cases being called.
MOVED TO QUASI THE NOTION
for an Injunction, arguing that the case is one
OF appeal from an inteTiocutCry order from
which no appeal will lie, and he cited the ease
Of Ewing agt. Fuller, which had been decided
in this court.
Judge Cartier said the court were of the
opinion that the order was sppeaahle Here
were two sets OF officers seeking TO discharge a
public duty; bill was fled fOE an Injunction.
the justice below denied the order. If there
II was sppealab!e. They had Sc decided time
and again.
ME. W. A. COOK OPENED THR ARGUMENT.
stating IIst the facts in the case. lie claimed
that the Board of Public Works csrld sue n
der the 9Th article OF the Constitution Congress
lad The right 20 create a municipality WITHIN
the District and other bodies necessary. IL
read the 5Ith section of the act OF February
ISL, and submitted that board was c-eated in
tie District OF Columbia. While rhe Goyeru.r
i PRESIDENT, TIE civil engineer need not be a
{ zen OF the District or a member OF the mu-
lc.I ality. Is not this board a board psr
g? The board stands tn itself and is gwen
entire cOntTol-undiyidsd unlimited ex-
'IuslVe absolute power. IL is mandatory in
saying they shan have entire control. H. asked
Tor what II this comprehensive 20 weT conferred?
He claimed that anything done on the streets
~as repair, although the city Claims in i:s brief
tnat paving IL not repairing, but i'm prov ir,y
He claimed that the power conferred by the 3 IN
section cannot be touched by the LeeislatEre:
the first section creating a mum pality with
powers not inconsistent with the constitution G
this act. bir. Cook proceeded to read from, a
number Of authorities cited In his bTief among
them repors Of South Carolina case in which
one sTty was the overseer OF the pocr.
Judge Cartier remarked that there were no
poor in South Carolina, but oveIseers OF pIanta-
tons.
Judge Hum phreys.-oh, yes, there are poof
liz that State.
Mir. Cook, on the question of the time o;s;sars
eT-teT on their duties, said that when per.on is
appointed TO an of ce and qualities he becomes.
Officer. In this case II is settled hv A cIause
in the ehciency bill, making appropriation for
the Board of Public Works, passed since the
held 20 be an es sting board from and after the
quslIi cation OF the members
Mr.. Davidge bill is very appropriately
name deficiency.
Judge Cartter.-it is = suffcienCS one.
Mr.. Cook, resuning, sain that as 10 the board
have been made, the law referred
TO technical contracts, and the board conIdhaye
been done by days labor.
Judge Wyle.-"Then you can SsSs street
without an appropriation
Mr. Cook replied that they did not CT M S1Sh
power, but to keep in repair.
The argument was still in progress "a orr
port closed. "' =