Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-09
TIE PavESE CONTRACTS.
The New Government and the Old.
beard OF Public works vs.. the Cor
poratiOn Of uasbingts


"a =
same, (which petition was published in yescer.
day S-AR-. The cases referred To were takst
up u ssl- court this morning. 6. p Fisher and
VIM A Iook for compisinaHts, Sir. rGtoe-
and Eli. i'lyidge for the contractors.
TEE Bill IN THIS CASE
se's tSTth tt2t plaintiff IL = body corporate
Crta'eI p act CT February Ztst, ISL: that he
t.LcaLt> are body corporate. b. act Of Nav
lS-t, i--, that uUdsr the 35th -ecrjon OF a. OF
February. Il Board OF Pebble Works -
created That tae members OF SSH board nave
bren appointed and qualified; that on o. about
Mar Il %'ta, i7.-, dele ndants entered into con
tracts with various persons for paving. &c. in
Disregard ~ the right and duties Of The Board
OF Public NOTK- hat said con tracts have been
made for one wear, when the charter OF the CITY
Wi expire june ist, They therefore ask a
VI ci ID thCttoh' sc.
TIE sSsNRR OP TIE CITY OF WASHINGTON
submits thai the eOTElanants are not body
cOTI crate. and can have no such existence until
sue CT maintsin an action; admits that the city
u corporation by the name OF the MAJOR,
Board O Aldermen, and SOsTd OF Common
tOGLCli. ard that the other defendants are ciri-
zeT- o. the District. denies hat the >. IA section
o. Le a1 az February u, lssi, gives to the
Beard CT Public Works exclusive control of the
streets avenues. ALLEYS. and sewers Of the Dis
tTiet, u any power, until the first of June IS1I.
IL admits that by the terms OF said acr said
bOsTs B!I be clothed with powers 70 make s,Ich
reg .aiiol-- a. they shall deem necessary Ter
sestif's ~ repair the streets. avenues allevs
or sewers o. the city. on and after the lst dsy
OF June, iSsl.'' hut denies that theV bsva or
Can have. bower 10 make regulations Tor the
mi Fofement OF the streets, avenues, sllavs
and sewers OF the District, states thai unisy
TIE ordnance OF Nav sd. IsI3 and Jan1sry
IS4, n Is the duty OF the Mayor to advertise. in
thS nlohth OF January Of each year. Tor propo.
sai, for setting curbStones paving the tontv ays
and paving the cutters and alleys I'm the several
WARDS ei the city; that be did So received pro-
losSi>' ana awarded the contracts 20 the de-
fehtants named in 9th paragraph of the hill
anu executed contracts with them, feycsnt with
Lepis-) IL also denies that the making on eye
cutting % The contracts can or will Interfere
Nh or h!ure Tue plaintiffs, or the people of
tie Dislci; OF thstit is the Intention OF the de-
ftIdanis 10 carry out said contracts ia yioIa,ion
OF law and denies that the Contracts reIat. in
ANY manner whatever 10 the repair of the
streefs, etc, except III special cases here The
oVfsrs CT property refuse to repair.
THE :, %FLAlNANTs' BEIEF IN THE FIRST CASE
I. The ComT!ainauts presented their bill in
tEe.T 'L.lSi1nsl nsmcs and a members of the
Board o; Public WORKS
The court below held that it Was not con-
lt,eLt for them 90 maintan ill the capacity
or foi n ID @A-G1 Il Was formed; and that IL il
~" Se done AT all il must be III the name OF
'.The District Of Columbia that the Board of
PHhle Works were simply agents of the Dis
tTicJ. II was OF this gTU1Ud the motion FOR an
injunction ~ fEiS case Was Overruiei.
H. 1ha' tie Board o. Public WORKS, 50 TAR az
relates ~ the control Of the streets. avenues,
SC., and the repair or in Improvement OF them
possess Independent and exclusive power. Will
appear from tie 5'th section OF tie act OF
February u, ISL.
M. II the board IS regards the coutro! and
IeI8i= 0f the streets, &c, y an intercujent or
distinct hocy. 1t mast have the pOsor TO sue
aUC he sued" Nor i Il necessary that the
power he conferred in terms.
" II The bll Was properly FLED IA the names
% the individuals composing the Board OF Pub
lie HO ks. OF II il was correct g. respects the
cvusI lain ants tie motion for injunction
should not have been Overruled On the ground
thai hey we're no CON; ettut parties.
'. Itat r. was tie intention OF the act 4 Feb
may II, l-,l. 10 give the board. a. the agent OF
the G y. sE'yTs control over the streets, etc
~FsuZs N--T
ell with this, - commit TO them tie repair OF
Trap mems OF tie streets, "a mapifCst from
the 9th section II gives these power IN clear
and comprehensive words, AID authorizes ths
board Ito make AL regulations which tsav shall
dem Eecessary for the purpose OF repa'r.'
VI These powers coL!tIIed without gusliti-
Cations hJTi zed TIRE hoard TO take i'm mediate
control OF the Sttee-s, and to enter az once Oh
heir duties. The powers of the city Of Wash
ingtOn Inconsistent with them. or in relation 10
The same subject, oI objects ceased the moment
lie tCaId were appointed.
VII. The 10th section OF the act Of February
y. iS.i- continuing, 20 limited extent. the
IowcTs Of the cIty OF Washington until June ],
ls'i, does nOt interfere with the powers con
f.TTsd on tie board IN relation TO the control of
The streets, etc, or suspend these power, until
aiteT nat FSUOd- The aDteCedent powers OF
the ely we're withdrawn from IL ami bestosed
o. 'he heard cE the last act, or paJt- OF it
inconsistent y ID fb5 fret, repeat the Ts; pro
taHtO. a. respects the subjects embraced IN
the last which were Included in the hrst. The
last became OIeI at.ye from the date ot it,
Viii. Whether the BOARD OF Pablo Works
Possessed CCLtIOl over tEe streets and avenues
IRmej.steiy on their appointment or not, it
Wa rot competent tor the city OF Washington
TO make contracts III relation 10 The streets etc,
ard their Improvement atteI the approval vi
the act o. February II, ISL CT after the ap-
pOIutment Of the board extending not Only Uutil
the ~ Of June. but until April !, iS13. The
city could not thus reTpetua;e it, POW en-
bsTta>s or con'Ici the powers vi the Board Of
Pubic Works,
IN The notion FOR an I'M ny clion should have
been sustained CE the last ground, # not OH the
ITst.
y The tiu seeks tie injunction on the grounds
cf tie IIlegaiitA OF the action Of the city the
cOntTsots-of interference with the functions OF
the Board Cf Public Works etc, either OF al. ch
will Justify tue interference of equity.
TIE SFCONB CASz
the complain ants brief u a. follows:
j - ~! = IN the name OF tie District OF
Columbia j. - formed on the theory ID the
Board OF Puble Work. IL not competent - sue,
bnt are tie agents OF the District IN IL corpor-
~. II rbis he 80. j; VII, he neces, ary to con-
s'der Tire IOwers of the city or Of the board over
Tie sIeets, etc. al the date OF the cling OF the
ball.
III. Il, on the contrary, the board can sue.
A. II has done III No -, this case cannot be
" But lit can be the following points will
be appropriate. on behalf of the comp ainant,
In support OF Tie Eo~ers OF tie powers OF the
and VI. Same a. in the trst case above.
Vii. The 18th sectios OF the act OF February
u. J.
YOveIs Of the city OF Washin ytOt until June 1,
~. does not interfere with the powers con-
fcTred Oh the hoard in relation To the control of
the streets. etc, or suspend these powers until
alter that period. The antecedsnt powers of
the city were withdraw Z from II and best0W ell
On the board. or the LAST act. or parts of IL IN.
consistent with the nrst, repealed the nTst pro
iSnto, OF a. respects the subjects embraced IN
the last which were included in the trst. The
last became opeT alive from the date OF its APP
yTovai.
VII, IN ard \. Same AZ in hrs: case
The BgIEg TIE CORPoRArfOS
gives the history OF the cults and continues A.
fOlIOws
!. Tie act Of Congress OF February p, fS,I
Incorporates the pSOl - OF the District of Colu "a
bra, for municipal purposes, 10y the name of the
tDlStTict Of Columbia" and authorizes them &c
cue and be sued by that name They cannot as
or be suec by any other name. The members
of the Board of Public Works are mere sery snts
OF the corr grafton, and the injunction in tn,
second suit Was properly denied.
= The acts complained OF III these bills ~er,
done by The Mayor of the city IN the disch 81 :,
of he Official duties The laws OF the corpora
ton require sad cit Ger 10 advertise Tor promo
sals for this work IN the mouth OF Jsnnsry IL
each wear, and 20 swsId ite contracts ir.t a