Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-02
THE INJUNCTION CASE.
TO IMPROVE, OR NOT TO IMPROVE.
THE CONTEST IN. COURT.
Arguments Pro and Con.

FOR THE DEFENSE,
saying that il was the old story OF penny wise
and pound foolish which had ever controlled the
aia.Ts Of this District, and this application for
injunction had originated with a class who were
Coordinate with the same old regime. The
labors OF the men who support this loan measure
are apparent all over this city. The long lines
Of handsome improvements testify 70 their
public spirit. Pioneers in improvements, they
push forward in this direction To the great
interests of all. He argued that the Legislative
assembly, had the fullest legislative power over
this Territory.
case; they were discussing the application for
Injunction.
Mr. Phillips said in order to understand the
full case they should 60 through its merits.
merely made municipal government for the
District, and he was surprised TO hear that all
the powers of Congress had been conferred ON
die new government.
Mr.. Phillips am sorry the Court has de-
cided the point in anticipation OF any argu-
mcut"
Judge Wyie.--:.I merely express an opinion
on question not connected with the case at
issue"
Mr.. Phillips" Twill show the Court the con-
Judge wyle.-" You can argue in your own
way"
Mr.. Phillips, resuming, said that the question
Is whether the grievance complained of cSn be
rCmeded by Injunction, and how far have the
judicial branch the right To interfere with the
legislative aud executive branches of the Dis
out the laws for the improvement OF the city
He then went on TO show that Congress conferred
the right upon the new government 10 do Just
what they propose to do in the organic act
creating its existence and enumerating its pow
ers. That this government is analogous to
the general government, and that even the
highest judicial authority has no right to
intervene or arrest any proceeding Of Con-
gress or the chief executive of the govern
ment in the discharge OF their functions
Congress has created government with three
lf<11nft branches O-1op iatn in, ifSf
functions, the Executive, Legislative and Judi
Gal, and il is not in the province OF either to in
o. their duties, more especially is it not the duty
of the judicial branch to exercise the right to
get aside the powers conferred by the highest
legislative power in the land, and approved by
The highest Executive power. The duties OF the
Governor and the Legislative Assembly are pub
lie and open to all. What will be the effect OF an
Injunction in this case? 1t will involve an in
yestiSation into the whole scope of the acts per-
formed by both the Governor and Legislature as
TO the assessed value of property, the amount of
Gebts, and the amount of bonds Issued.
Proceedings To-day.
morning Mr.. Phillips resumed his argu-
me saying that he had endeavored to impress
upon the Court that Congress had transferred
all necessary power TO the Legislative Assembly
over matters of the District not inconsistent
with the constitution. The great object Con-
gress had in view was to form a government for
the District, with power to egislate on all sub
Jects connected with the affairs of Tightful legs-
lation. The axiom that legislative powers can
not be delegated was not regarded, as Congress
had shown.
THE POWER OF TAXATION
was sovereign political power which had been
delegated by Congress TO this new government
Ihls had been done over and over again to
municipal corporations all OVER the land. The
right TO take possession Of private property for
public use, had been given, again and again To
inferior legislatures; this is also sovereign
political power. These functions had been con-
ferred to the Territories and would aways be
done. 1t provides for the executive, lel is alive
and judicial governments.
Judge Wylie-'' That law does not pr vide for
the judicial branch"
Mr.. Phillips-.'I 1t provides for the continu-
ance of the present judicial branch of the Dis
trict government" Here Mr.. Phillips read from
THE ORGANIC ACT
In support Of his argument. But whether this
organic act is constitutional or not, it does not
give the courts OF this District the power to saw
TO any other branch that they shall not do this
or that III the court has the right to restrain il
has the power to compel both the executive and
legislative branches of the government.
Mr.. Phillips cited many authorities to show
that private citizen and TAXPAYER is not the
proper party to avail himself OF the right to such
remedy an injunction. These parties in th.
case now before the court
DO NOT REPRESENT THE TAXPAYERS OF
THIS DISTRICT
any more than any other handful of our citi Zens
The Inconyeniences arising from such interf,s-
renee by our courts would involve interminaba
trouble, as 1t would be sstting precedent which
may be repeated indefinitely by any one or more
citizens claiming to represent the taxpayers.
In answer To the question raised by the counsel
on the other side that no debt can be created in
excess of two per cent. OF the assessed value OF
aXable property, Mr.. Phillips claimed that there
no assessed value since the formation of the
new government.
THE OLD ASSESSMENTS
were not made by the new government, and il
cannot be claimed that they bear any relation
to the present valuation of property; they were
knowledged by all as very defective. The value
OF property during the past three years hal
increased in ratio far in excess of any three
year previous. The principles of this old assess
ment were 30 defective, that, il in no wise repre-
sents the true value OF the taxable property now.
There is also
A NEW CLASS OF PROPERTY
which had never been taken into account, Il
VIZ; the government property, not including the
public squares; the valuation of which had
never been made. Therefore il could not have
been the intention Of Congress to limit the new
government TO the old valuation in basins the
estimates OF per cent. value OF property in this
District. Washington had been far behind all
tie other cities in the country, and now that
there aTbeen
LINE OF PROGRESS
marked out for a forward start shall il be nara
lyzed by this unheard-Of act? Do these few citi-
zens claim to stop this career which was now
born in these ATTITUDES, and drag Us down t. the
Congress intended that these new values to
property should be the true basis on which to ii \
the amount of debt. His friend, Mr.. Cox, with
bis usual sOphi>try, had tried hard TO show that
there Is distinction between an aggregate and
an aggregated debt, which is the same thing; the
term debt, In the language OF the organic act
contemplated in its scope future debt as well a.
future assessments. This debt to be contracted
Is necessary to carry on the current expenses OF
tie government, As well as to develop the sys-
tenn of Improvements contemplated. His friend
Mr.. Cox, had also tried 20 impress upon the at
tentiOn of the court that this new government of
this District is standing in the light of
AN EXECUTOR To THE OLD CORPORATION;
but does it follow that an executor is in any way
bound Tor the debts OF the defunct person? An
executor Is simply an agent, anu does not assume
the debts Of an estate as his own. The organic
act makes special provision for the payment of
these debts, that the old corporations are to be
held respectively for their own debts, and quasi
governments had been continued tor the eollec-
ton Of taxes and the
SETTLEMENT or THE OLD CLAIMS.
independent OF the new government. And these
charters had been continued tor the express pur-
pose OF holding the respective old governments
liable Tor all just claims against them
Judge Wylie. Suppose the new government
holds money in bank, could it not be held for an
old claim against the old government
MIR. Phillips--'The money paid would then
have to be charged against the fund placed TO
the credit OF the city sued, and not to the gene
raj fund. In other words, the debt of the city of
Washington Is not the debt of the District"
Another consideration, this new government
was created for the joint and equal benefit OF the
whole District, and not for the special benefit of
either OF The old corporations and to charge the
debt OF the city of Washington against the city |
OF Georgetown and the Levy Court would be |