Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-11
The PAVING CONTRACT.
BoRru of Public works W. she Cor.
pOEnlton of Wasn't N * tom.

Al
conteuding that the rights and privileges con-
feTTed by the acts of Congress on the new gov
eminent of the District OF Columbia, are 10 be
vested IN 1t at the expiration of the existence
of the several corporations, namely, the cor por-
alton OF Georgetown, Levy Court and coEpor-
attain Of Washington. He quoted the act show
ing that all laws Of the Corporation shall be
continued and in force until the expiration of
the time fixed for the new government TO take
pos ession-June lst- There are no public ne
cessitiss requiring that the new government
should anticipate its functions. The public are
not suffering, and why is il OF maintained thai
the Governors functions also should be antici-
pated by him by the same necessity? The cor
poratien Of Washington il fully competent TO
make laws ana enforce such laws az are in
operation with respect 10 the streets and Sc wers
of the city, and there is 10 necessity OF snatch.
ing from ITS grasp the rights belonging to il.
Inc new legislature will have the privilege of
SuspeDdiDg the old laws and contracts when
they meet on the LIST day of June, and not until
Then. This legislature may convene before
NAT time, but have no legisl alive functions-tor
the reason solely that such functions are vested
In the present legislative bodies alone. THIS
Board OF Public Works mnst wait until the
present authorities vacate their OF ces.
Mr. TOTEM,
for the Corporation of Washington, commended
That The suit at issue should have been Brought
IN the name OF the Board of Public Works, and
not in names OF the individuals composing
mat tOart. With respect to the contracts male
~ the Mayor, lie read from the laws of the
CORPORATION the act requiring the Mayor to
had been lawfully discharged.
To-day.
MT. Iotten resumed his argument this morn
ing, contending that the corporate franchises
cannot be stopped by injunction, the remedy
being by q,fo tcorranto. He claimed that although
the corporation would terminate on the first of
a une, their contracts would hold good. Ii wOuli
not De- claimed that the bonds issued under ACT
OF the corporation would be repudiSted, because
the corporation ceases TO exist. The new GOV.
eminent will take up the affairs OF the District
When the old government leaves OF.
ME-. DAvIDGs
for the contradictory called attention to the
motion he bad made as TO the iurisdi ctlon of the
court, and said that at the time he had his eve
on the clause relating to preliminary injunc-
non The primary object OF the bill was how
ever, the canoe liatiOh of the contracts and the
tuiing OF the court was in accordance with the
rulings IN tie case of Ewing ct. Fuller He re-
ierred TO the argument that the contracts should
be held void because not executed in January
as required by the act OF the corporation, and
argued that that act was directory reading from
SedGewick. IL is better that the element OF time
IN statute give way than the whole statute
give way. IL seemed th at this was an intermid-
ding OF third property. At the passage of the
bill there were three governments of this small
teTHiory. lie was not prepared to say whith
was the best government, but he was inclined
to believe with Pope
"FOr forms of governments LET fools cpntest
That which is best administered is best"
tie thought Congress acted with consummate
wisdom IN the passage OF the bill The bill il
Is Get when the new agents assume the govern.
mert and the cid agents step out The other
eide contend that the Board of Public Works
are In control now OF the streets, lanes and ave-
nues. The bulk of responsibility has not vet
devoived on the Governor, the Secretary or !
members OF the Legislature. The meaning of
pointed time they would be ready to discharge
their duties-they were the representatives OF
power, latent power. The other side claim that
this Board If taken out from among the Others.
a genpma nf
prevent any clashing, TO allow one government
TO sllde along until the new government Slides
IN, Mr; Dayidge read the 10th section OF the
act, and contended that under II the new gov
eminent does not go into effect until the Time
specihed-June LIST neNt-when the charters of
the corporations within the District shall cease
heauIng the 4lst section he claimed thai the
power OF general taxation was taken from the
corporal ion, but the power of special taxes re-
named until the day named. He asked it
Mayer Emery was not left 10 execute the laws.
Why was the Board OF Public Works u Ice taien
from the scheme" They Cannot.
MT. navidge contenGed that the Board of
Fubbc WORKS have not the power 10 Oper or
grade streets, but only 70 keen them in Tepafi.
they possess no legislative powers in thee Irn-
pIoVements; thew must assess taxes and dis
burse ali monies, bur cannot collect Such are
the provisions in the bill as il stands mt in the
original bill tins Board of Public works sought
20 retain the power to collect the taxes ami
ConsieSs struck II out, doubtless on the ground
~ az Two much power was given Ia the board
The ordinances of the corporation which Con
gress continued i'm force we're TO be exscn "a
bv the Mayor of this city. The whole scheme
~ ire law was 70 have this new government in
readiness take possession of the active power
on 'he first of June. and which power he con-
tended Is silent until that time.
"A recess was taken here.
SALRs OF REAL EsTAFK-Latiner x t,Ieary.
aUctioneers. have sold west 1aIf To- p, sIns;e
~ with improvements. fronting on Fast Can
iiol street. between lst and III streets To W,p
HOcke, tor -, 600. Also. the following lots in
- uare 2te, fronting ON J 18th street, between .
and Il streets Lot 1OI. to Col. j. c. Pavue al
70 cents ger square foot; lot 100, TO e G5ddarJ
at % cents; lot 1o6, TO James Cameron, at q;
&c nts; lot l"., TO Thomas Kirby, at 80 cents
-, riihouTn x Latta, real estate brokers. corner
OF 18th and q streets, have sold, for Richard n.
Iay Tor, lots 8, 7 :, and 10, square so. on An
street east, between f and q streets AZ Is cent.
per square foot, amounting 10 SI.2I2.
Austin II. Brown, real estate agent has sold
10 A. Nj. smith one-half OF square No 2l3
trcnting or ' and 18th streets. on which will he
hnlit twenty five houses, that will be sold by
MI Brown for ii 600 each, on a long credit
re has also sold a frame house on Corcorsn
,treet tor $1,000. and purchased a lot on Rhode
Island avenue, near llrh street Tor si,lOO.
CHESAPEAKE AND OHIO CANAL-Ata maet-
lhg IN Baltimore yesterday OF the directors OF
the chesapeake and Ohio Canal Company the
president. Hon. james T.. Clarke Submitted
report showing the earnings OF the canal for the
month OF April to have been sol nco and the ex-
pendtures sli 600. leaving si7 100 TO be apulied
Aht E6t ultnl OF inc UoDt- or the
ne business during April was the lar gesf ever
known Ia one month since the opening OF the
canal. and the business this month so far !.
tully equal TO that done in April. The recent
rams caused rise In the Potomac to such an
fNtent that the banks OF the canal were over
moved on the Hancock, MOnocacy and Georya-
town divisions; but no serious damage was done.
Navigation was fully resumed i'm forty hours.
ne board OF directors have resolved TO nav
tWentN-nve Per cent. more OF the PRINCIPAL ~
the repair bonded debt this month. When ri,
= uone ~ viii show sevegty-tive per cent of the
PRINCIPAL and all the Overdue coupons on tbi.
class OF Indebtedness paid during the wear the
present afmnlsh alton has had charge of the
canal. The shipment of coal for Nav. nm 70
lhis date bss averaged 500 tons per day from
cumberland. The canal IL now in aomrlata
order throughout the entire line.
IHE CoLCNBIA STREET RAILWAY To Rg
hcILr AT oFcE-The iron rails tor the new
columbia street railway arrived here this
morning direct from Pottsville, Pa and the
'les snd sleepeIs are on their way here: so IL IL
sale 70 say that the road will be in running
order by the LIST OF Septt mber next The work,
lhg force has been engaged, an acre of ground
purchased OF VIM. III. Clagett near the B'slens-
ou1S toli gate, and contracts have been entered
ihto ior the building OF stables; so that every
lnibg VIII De ready hv the time the cars arrive
! ne cars VIII be some what like those on the F.
street line.
MAEINIs FLORAL MAY FESTIVAL -Tba
Inonth or flowers Ia always looked forward o
WITH pleasure nv The pafrons ,,,,..it.