Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-03

injunctions where the bills we.,. pxartiv similar
to the one now before this court. and where the
injury complained Of e.ppeared to the court to
be general in its effects. He read from the bill
70 show that the allegations contemplated an
injury to the taxpayers in general, and said it
was not necessary TO express 1t IN stronger
terms. 1t was frivolous point, and not worthy
of the lengthy argument OF Mr.. Cook to rroye
a defective bill The other point OF alleged de-
feet Is that the government OF the District of
Columbia is not named in the bill es . party de-
PENDANT TO the bill. In the case of Howard and
the State of Ohio, on the question OF taxing
banks, exactly analogous to this case, an injunc-
ton had been granted against the collector of
taxes, when the whole State was interested. He
eontended that If this is
FATAL DEFECT,
all they have 20 do is 10 amend IL and 90 over
the same ground again; this is not a final settle
ment of the case, and he would not waste time
in its argument.
CAPTAIN GRANT
had been charged by counsel on the other side
as not being taxpayer. He would show that
he had payed a tax the past year OF over 50 600,
but in another persons name.
Judge Wylie-"You need not waste any time
Another point, Is a disclaimer on the part of
the counsel on the other side, that the intention
of the Governor is to make use of all Of these
bonds. The several
NEWSPAPERS
which are the peculiar organs Of the new gov
eminent have over and over proclaimed that
this loan of S4,0O0, 600 is to be made and the
money disbursed for improvements. One OF
these papers had alluded to the distinguished
counsel employed to defend this suit as adding
new laurels-
Mr.. Cushing.-"Your Honor, If the counsel Is
permitted TO avail himself of newspapers, is it
to be understood that counsel on the side OF the
defence can have the same privilege"
Judge WyIie-"Certainly, on the point in
question; but had much rather you would
avoid them
Mr. COMBS, continuing, said that it is con-
tended that it is not the purpose of the Govern
ment to make use of this large amount of money
in advance OF the terms set forth in the organic
act. He cOntended that this assertion is at va
Rance With the bill of the Legislative Assembly
authorizing this loan 10 be made. loan OF a
portion Of the amount has already been made,
which is to be deducted from the 81 900 900 which
Governor Cook claims he is authorized by law
to borrow, by act of the Legislative Assembly
He quoted from the Governors reply to the
bill to prove that ii is the intention TO negotiate
this loan. There is evidently mental reserva-
ton in the answer of the Governor that he does
intend TO dispose of these bonds Notwithstanding
the denial of counsel. 1t seems TO be a studied
attempt to lul the tax-payersinto the belief that
they are not to be oppressed. He thought the
Governor had carelessly signed his name to a
contradictory denial that he is TO dispose of these
bonds, when it is at variance with assertions
contained in the answer itself, and of the news
papers which are his organs. He argued that
THE DEBTS OF THE OLD CORPORATIONS
are legitimate debts of the new government
the new government to pay these debts. Not
one of the old corporations can be he'd at law
for the debts created during its existence He
contended that although the organic act pre-
tends to continue the old corporations in exis-
tence for certain purposes, yet they are not con-
timed beyond the time they would remain in
power under the old government, (did the new
not now exist,) neither was there any provision
In the organic act, that they can sue, and be
sued, therefore the old corporations are not re-
sponsible.
THE OLD GOVERNMENTS ARE DRFUNcr,
and they have no offices, nor any fund from
which these officers can be paid their salaries
The organic act provides that each separate
community-Washington Georgetown and the
cOunty-shall be taxed for the payment of their
own debts, and for the improvements to be made
in the future.
Judge Wylie asked to be informed as to how
the interest on these bonds were provided for, if
District?
Here Mr.. Ccombs postponed further remarks
TOT Mr.. Wilson to present his argument, reserving
the privilege to resume at the conclusion OF Mr..
Wilson's remarks.
Mr.. Wilson Against the Application.
Mr.. Wilson went on to say that the arguments
on on the part Of the complainants, as well as of
the defence, had covered the whole ground in
the case, and should show to the court that there
Il no ground to issue the injunction PRAYED for
The Governor declares, in his answer to the bill,
dlstlnctly what he proposes, viz: That he is not
to negotiate the bonds in excess of $500 900, not
outstanding the insinuation of the counsel on
the other side that Governor Cooke had care
hssly signed contradictory answer to the bill
filed. These answers of the Governor are 80
plain, so explicit, as not to leave q doubt as to
his purposes.
MIR. Wilson then read from the Constitution to
show what powers Congress holds over the Dis
rict of Columbia. He then read from the or
game act creating the new government to show
what powers Congress had conferred upon the
District government. These powers have a re-
markable similarity, ii not in the exact Ian
guage. Similar powers have before been con-
TERED by Congress upon the various territories
of the United States.
Judge Wylie asked what the effect of a char
tered corporation had in this connection?
Mr.. Wilson argued that there was no differ.
ence as to the character Of the powers conferred
either on the Territories OF the District OF Co
lumba.
Mr.. Cushing here stated that most of the
States had had their origin by virtues of char
independent sovereignties had been erected by
any other agency.
Mr.. Wilson went on 10 detail the action of
Congress in the formation OF this District gov
eminent; that the officers were created by yir-
tue OF the federal laws, and were, To all intents
and purposes, federal officers.
Judge Wylie asked il the Legislative Assembly
had the power to repeal a previous act Of Con-
gress.
VIZ. Wilson replied that il had not, and it was
not necessary for their purposes to assume such
powers for the Legislative Assembly. Yet it is
claimed by the defence that 1t is within the
scope of legislative power to control the officers
appointed by federal enactment within the limits
OF the District of Columbia District officers.
He submitted that IL is not within the scope of
Judicial authority 10 know without great incon-
yenience how the financial state of the District
stands, as its balance sheets are constantly
changing from hour to hour, as the receipts and
expenditures vary.
Mr., Wilson was speaking when our report
closed.