Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-01

. The New York Avenue Sultists Appear.
About 10 O'Clock last Saturday night John q.
Hardness, George II. Plant Michael Tally,
George W. UteTmehls, Thos Miller, Michael
Green, Joseph Ii. Bryan, Columbus Alexander
and ". T. Reamer hled In the equity court
bill for an Injunction against the District OF 20
lumbiA and the members OF the Board Of Public
Works. The bill sets out that cOmplainAnts are
owners OF property on New York avenue, be-
tween Ninth and Fifteenth streets; that they
have ion the 30th Of August and subsequontlyl
been notified that they have been assessed for
special improvements FlO2 81 100 per front foot;
that on or about september II a committee
waited on respondents for a bill OF items, and on
tho 10Th instant received an answer that the
total cost was sl2l, 759e4, sc. They aver that
under the organic act the Board OF Public Works
have no power to bind the District except In
pursuance Of appropriations previously made,
and no power 10 assess on ad Joining property eN.
copt under the 31th section Of the organic act
They aver further, that the only apprOptia-
tlOn made Tor New York avenue was one OF
t5S,307, TO extend from Fourth to Fifteenth
street, and the estimates for the same avenue
were Si2SSl. They charge that tho improve
mont has been contracted for at a cost Of more
than double the amount appropriated, and that
contracts have been entered Into for the i'm.
prOvement Of said avenue from Ninth to Fourth
street. They aver that IL said improvements
were not wholly unauthorized, yet, 90 far a. the
cost exceeds the appropriation, they were unau.
thoIiEed. After making number Of ayerments
similar to the seventh street bill, they ask tn at
the assessments may be decided TO DO null and
void, and that the board DO enjolned IRON col
Letting said assessments or Issuing certificates
o. lndebtednessi and II the property be chargea-
bic with any portion OF said assessments,
that such portion 10 ascertainod In such
manner as to the court may appear right, and
on the payment OF the same their property may
be discharged from liability therefor.
The Case OF Rudolph BIumsnberE.
Tho Baltimore AmfTicaH says, Tho indlct.
ment against Rudolph Blumenberg charges
him with having committed willtul and corrupt
perjury by falsely swearing before United States
Commissioner Isaac Brooks on the Sd Of June,
1879 that he was the sole and exclusive informor
In the case Of the United States vs.. Albert
uottschalk and Charles Spillman, indicted In
March last for violation OF the internal revenue
laws by conspiring to receive Illicit spirits.
A second count charges him with the same
felony In having on the same day made the
same false oath before the Secretary Of the
Treasury at Washington.
BlumenbeTg was arrested on Saturday in
Washington, by Deputy Marshal George W.
Pagley, and taken before United States Com.
missioner. He gave ball In 5000 for his ap.
pearance at the next term OF the United States
court to answer the very serious charge pro.
teTred against him.
The party named In this Indictment, as will be
t Sn.SsIs ~ our readers, hgHTsd quite sx
Court In this city at the March term OF this
year as q claimant for tho moiety Of t2D 900 paid
by the parties indicted In the Gogel whisky
fraud cases in compromise Of the charges pond.
Ing against them. The evidence they adduced
showed very clearly that there was really no
molety properly due TO any one, as the money
paid was by the terms Of the compromise paid
10 satisfaction Of the civil suits for taxes due
upon condition that the Government abandoned
the criminal proceedings against them. This
was done, aud his Honor Judge Giles, In giving
bis opinion that he had no Jurisdiction In the
case, very explicitly expressed his conviction
that no one was entitled 10 any mOlety what.
ever, as the money paid was for taxes, and moi
etles under the law then In force could only
accrue where hnes, penalties aud ioTieitures
were imposed. Notwithstanding this, however,
aud other evidence throwing at least very
great degree Of doubt upon the validity Of Mr..
BlumenbeFg's claim, he was within few weeks
thereafter awarded the enormous sun Of a., 500
by the division Of the Treasury Department
before which such claims are adjudlcated. MIR.
Blumenberg's success In this matter has no
doubt been very encouraging and stimulating,
and It is not surprising that he should try his
luck again.