Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-05

proper and Tile M, and il - ;Jrou~ht {, sbe at
en-on o. ne Govt We must decide upon .aat
Pc aS we Wou'd upon l..e act OF any cher per
lOe.
Now, in regard to the pariies. I suppose thas
no court OF ehancery ever required NOE par &c
70 be bought in,o court than we've DecCssas 20
decide the case-to dispose OF the whole case. 1t
Just as objectionable TO have unnecessary par
Ties as i IS 30 have too few. IL c3Frt, by look
ing at the case sees thai Ii ctnros dispose o. Ihe
who e sdSjccs-mat.er before il that Is made by
he blll without making oiher parties, why ii esn
{ smiss the bill, or require other psr;ies to be
bloashi IN; but, u he court has Pc lies enough
need o: other parties being bI ought in.
Take the case OF bill fled BY a legasee or
cred tor Of an estate. The law requires him to
re bin on behalf Of himself end Others SIM
la y inter ested. The reason of thai is, that the
c ,ate cannot be settled unless The interests o.
oheIs inseI ested in that es-ate be considered and
brought in and therefore it Is that he is made 20
sue on behalf of himself ard othels similarly in
terested. But in regard TO proceeding of ,''s
kind there is DO such necessity.
IL there we're one taxpayer here who should
ice, i. mSelS glleved by wb2. Ic scr -de.s al
iness ~ Tloo 'dir~, wr:s S lis right? 1t IS a
property rom him. That ives him aI:Sat I
court Against sr the void. He hes y risht 10
lie heard in coIrt. IL Is objecsed. in this coutS
trat 'heie aye or'y th,rteen Of these Pal Ties.
common interest in the matter, just as much as
the ftlent partners In concern may have
uHon question regarding the partnership.
There nav be partnership composed o : hal
a dozen, aud one entitled 20 ore potion o. the
I1Chts, ard archer 10 aDosher To-, on; AL their
.n,slCs may differ in amount, but they are all
Interested IN the subj ct to be disposed of. So
these thirteen taxpayers. Some OF them o v
mole, some o. them less, but Ghey all are ADM.
ted to be taxpayers. Wei, II they all have an
interest, It js q common interest, aud CANNOT
see any good IefSon why they should noS be
allowed 40 join in a suit respecting their com,non
IN ,eres.s. 1t has been claimed that theIe are
ciiy aie lie Other SIDE IL that s so, that Is
vely good reason why there should not be-mo.e
than lb'Iteen, but it Is TO reason why q coars
, ,ho tt not g, 90 justice 70 them against az
met this question OF the light o. a t.=payer to
come into cosrl for the protection OF his prop
cry has been pefestlv well es, b,sbed, and e.
OF The United SIat"s in cases directly applicable
to this eese we are deciding. / admit tat there
are some places--some States-where they do
not allow tsNpayels to have much chance in
courts o. jrstice. But 1t wo1ld have been better
for them, plobably, " The taxpayers had been
listened 70: Whenever the multitude by me,e
force take il ir , their heads - eize upon Other
peoples property, break no the government and
dTsre of capita the multitude viii be without
capital and mears of support. The best way to
prcm0se tie inter"ss o. 2 community g to pro-
fecS and encourage the acquisition OF proper v.
I Whenever Iroper,y wishes TO be projected it
hes right D protection. You cannot promote
the welfare of community By creating a feeling
o. pp"aSipe on the pat of Observation-Disclosures
Let The axes be Ia;rly imposed according % the
law, qually imposed, and have no doubt at al
that Oese gentlemen who have brought this bill
Will submit ID their shaIe o. the taxes as cheer
.uIly as thoEe who have opposed Ii.
have probably said more than is necessary in
this case. have not pretended to give The rea-
tOps witch have con,rolled my dec sion, but L
have merely anpoi iced The & -cisica with some
general views. i could rot take the time or un-
a. e Ike ibis AT this seasOff of the year.
TIE SECURITY QUE rTION.
Mr.. Cook.-If your Honor please presume
be appended to the order 70 Wit Il e c SVn %i
And in view of the magnitude of this
ca e, and the interes, sinvolved, would respect
fully suggest to your Honor that that security
mould be ample. Allow me, then, your Honor,
only TO suggest, if, in the end, this injunction
should be dissolved, the consequence of it in the
meantime would be the arrest of all improve
ment; that the injury resulting will be of no COM
mon character. / therefore, very respectfully,
in connection with my associate, Mr.. Phillips
who IS present with M in court, ask that bond
ample in amount to cover any contingencies of
lion with the decision of the Court.
Mr.. Phillips alluded to the English practise of
not tsuing fnjunct on, without proper bonds,
ana was going on TO refer TO the ser,OIs dan age
that will occur iTthe court had in this case made
a mistake in its decision, when Judge Wylie.
ln,,teiI,ruP.ing, asked: Who viii be damaged, Mr.
NJ. Pbillips-The Corporation of WASHINGTON
nay be responsible for contracts that have been
made.
The Comt.-Mr. Phillips
not decide The Gaze before we have an oppor-
orig TO present our views; not only that, but
fhe eSper e of this heP' ing, the expe? e OF the
oy - obas wo al he gnnr a.e SUI
o, damage under a bond o. this kind, as had
been decided by the Supreme Cour. Of New
York; % that IT 8 impossible upoh moments
rO,ice - tel, without understanding whas che
facts are, what damage may arise.
The CoUrt.-Mr. Phillip, just les me ask you:
The par IS - this case are these taxpayers, as
pif mis-, and thoSe officers OF the d" ret o
Columbia, as defendants. The PRAYER o. The
lords of the District of Columbia. Now, whac
damage docs the District OF Columbia sUs;din,
or lhC-e gentlemen, by being re-, Gained rom
q ~ thCSe BONDS?
Mr.. CoOk.-If unders:a nd correctly, it has
J IS mere mir RS erial yent of the DIS IicS of
Columbia in whatever he may do in relation TO
these bonds: so of the other par,ics beiore your
Honor. IL that be iIue, then any injury which
thew sustain becomes The injury of he pr.ncin'I
ana what that injury may be Is entirety uncer-
tain and contingent. Ii the effect OF this de-
cision be ID arrest all Improvements, and to pre-
vent IS it Will, the use of any money for the or
dinsIy Improvement OF the Stree, -
The COurt.-What has become of all The taxes?
There IS - be million and half of dollars paid
in as taxes.
Mr.. Ccok.-If your Honor please, there has not
been one dollar of tax raised by the District of
Columbia UP > ibis tune, and in the annuncia-
ION Of yOLr decision you state that you do not
know that tax bill has as much as passed the
Iecisla,rre.
4 he CoUTt.-That is their fault.
Mr.. CoOk.-NO, sir. There he's not been a dol.
lar extracted from the pocket OF any citizen by
the D's,-iet % Columbia The effect of this de-
cisOn is ID leave the District without any funds
whatever. And that was the emergency in part
that was referred to for the immediate operation
OF the bill. Now, submit TO YOUR Honor that in
accordance with the invariable rule, as annunci-
aled in New York and elsewhere, every pos sible
contin Jency of damage is covered by bones.
Af,er frrther argument on the point, Mr.
Phillips remarked: Ii no damage does happen,
the pant will not be obligated by their bond
The Court.-Show me the law for it and you
shall have the bond.
Mr.. Phillips sent for the authorities, and while
waiting tor the booFs he referred o the fact that
Congress had pointed out and declared by a .ep-
arate act that the tgo pavements of 18th and NJ
streets have 10 be paid for out of the money to be
raised by this act. Congress transferred from the
Commissioners ID the Board of Public Works the
contract for the grading and paving of NJ street,
IN this city. And that work was II be completed
by them, and by funds that they should have
under their control. Now, III your Honor please,
in regard to the work which is authorized by
Consfess, these contractors have o right 70 be
paid, having done the thing; and IL it shall be
Determined by an appellate court that your
Honor has delivered an erroneous opinion, and
that this injunction should not stand in point of
law. and iUfnry ha hoar