Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-08-29
A CROSS FIRE.
The Board of Public Works
After the Railroad
Company.
An Injunction Issued Against The
RailrOaders.
The Hearing Fixed for tuesday Next.

The Hearing Fixed for tuesday Next.
Judge Humphreys yesterday granted an In.
junction restraining the Washington and
Georgetown Railroad Company from doing any
work on Pennsylvania avenue, from First to
Eighth streets eas', In laying rails, grading
track or paving with cobble. stones; also from
paving with eobble stones the track On Seventh
street, between PennsylyaulA avenue and d
street north. The writ IL ruled for Tuesday
next At 10 q. m., with tho concurrence Of coun
sel The following Is the text uf the bill upon
which the Injunction was lSsusd.
Is tbs SUPREME COURT oF THE DISTRICT or
COLUMBIA
20 hs Hsp'sHtF COHFt Of hs fHsStr n C0lHHbia ~.
Henry b. Cooke, Alexander r. shepherd,
James A. Magruder, A H. Mullstt and \ p
brown, constituting and composing the Board
Of Public Works Of the District Of Columbia
plaintiffs, W. The Washington and GoOrgetoWn
Railroad Company.
Your orators, Henry u. Cooke, Alexander
X shepherd, James A. Magruder, A. u. Mul-
lett aud 5. I, Brown, constitute aud compose
tho Board OF Public Works Of the District OF
Columbia, according to the provisions Of the act
Of Congress Of the United States Of America
District OF COLUMBIA, approved February q,
lsi2 and other acts OF Congress 10 relation
thereto.
2 The dofendent Is corporation, The wash.
lngtOn and Georgetown Railroad Company"
existing and dong business In the city Of
Washington and Georgetown, In the District Of
Columbia, by virtue Of Rn act Of the said Con
KTess, entitled AN act to Incorporate the
Washington and Georgetown Railroad Com.
pany," approved May II, 1857, and other acts Of
Congress 10 relation thereto.
XIV virtue OF the PunInFFpd N than
by the said acts Of Congress Of the 2lst Of Feb
ruAty, ISL, and also an act Of the District Of
Columbia, entitled An act making apprOpria.
lions for improvements aud repairs In the Dis
trict Of Columbia, and providing for the pay.
ment thereof" approved July 10, 1874, your
orators have been engaged IN improving streets,
avenues aud alleys In said District, and among
others on Pennsylvania avenue east Of the
Capitol, Som First street 10 Eighth street east
aud on Seventh street, from Pennsylvania ave.
nue. TO ID street north.
That amer careful examination and full con.
sidoratlOn II was determined to park the
contrs Of said Avenue from the Npolnt
designated above, aud to pave the sides on
remaining parts OF said avenue with wood; that
this required change OF tho location OF said
track Ut which said defendant was duly notified.
That amer similar examination aud oOnsldera.
ton, II was also determined to pave said Seventh
street with wool.
That those determinations were made because
II was believed by your orator that the parking
Of said avenue would be proper and beneficial 70
the city OF Washington aud said District, aud
said pAVements were determined on solely from
similar considerations.
That while under It's direction Its contractors
and agents were engaged In carrying out tho
determination Of said board formed as afore.
said, and had performed part Of said work
On the 9Th Of August the defendant caused
an application TO DO MED 10 the Equity branch
OF the supreme court OF the District Of OOlum.
bia TO restrain the plaintiff from carrying out
SAID determinations In relation to said streets,
and from making the improvement therein
EE Ia hn a
said, claiming, among Oh0r things, thbt II has
right - maintain It's railroad track aud opeF.
ate Ito said road without any interference or
control by said plaintiff aud to Rcep Its tracks
said street along said track, or between the rails
thereof, In Whatever manner II may see NJ aud
With whatever material Il may select; and that
Hon. A. b. Olln, one Of the said judges OF said
court, issued an order, returnabl0 on the 81 Of
September, requiring the plaintiff to show cause
why an injunction should not be granted as
prayed Tor In said BILL and In the meantime en-.
Joined the plaintiffs from preceding with said
improvement, All OF witch will more fully up.
pear by reference to said bit and order OF said
court
Your orators further represent the preparation
made by II for sAid improvements has been large
and extensive; that contracts exist for the
making thereof aud that It regards said In.
prOyemenA as highly useful aud lmpOrta ut Ui
said District, and that II would be VI great In.
jury thereto Ia permit said defendant to main.
tain and carry out Its purposes Aforesaid And
/ 1VAI ItpTbhohl lnAl II Is the
pose OF said defendant to place It's track 10 the
centre OF Pennsylvania avenue, at the points de.
slgnAtsd as Aforesaid, where the plaintiff has de
teTmined TO park said avenue, aud from which It's
track has been removed, aud also to pave the
spaces between the rails thereof with cObble.
4 stone or other material without the sanction or
concurrence Of your orators, and contrary to It's
wishes, and that II Is also the purpose Of the
defendant to change work done by your orators,
or caused U be done by II, on Seventh street,
and to have the spaces therein, now prepared
by your orators to he paved with wood,
lpayedl with cobblestOne or other material
contrary TO the determination aud desires OF
your orators, and 10 other respects to take con.
troll Of parts Of said street TO the exclusion Of the
right and power OF your orators, all Of which
will be Of Eroat and irTeparabls injury To your
orators and the citizens Of the District and vi the
United states whom In this respect 1t repre-.
sentB aud Tor whom II acts, and will lead To
great and vexatiOus litigation.
And your orators further represent that the
Defendant, unless prevented from doing 50 by
the action OF the court, will proceed to carry out
us purposes az Aforesaid, while tue temporary
injunction aforesaid exists nd before the merits
NJ said bill eau DO heard.
Your orators, therefore, pray as follows That
tue said Washington and Georgetown railroad,
iu attorneys, agents and lAbUrers, be restrained
by the order Of this honorable court from per.
iurmlng OF doing any work OF any kind
On said Pennsylvania avenue east of the
Capitol, from First to Eighth street east, and
especially from laying or maintaining the track
OF their said railroad along the centre Of said
Avenue, and from paving said track, tho space
or between the rails thereof, with cObble. stones
and also from paving It's said track, or the space
between the rails thereof, on Seventh street
| west, from Pennsylvania avenue to ID street
| north, with cObble. stones.
y. And Tor such other and further relief as to
| your hOnOrs may seem meet and as the nature
| Of the case may require.
That the United States writ Of subpd GA
may DO granted to your orators, issued out 81
| your honorable court, directed tO tho defendant
| the Washington aud Georgetown Railroad Dom,
pany commanding Il to DO and TO appear In
| your honorable court on day In said writ TO be
| specified, and TO stand to and abide by such or.
der and decree as your hOnOrs may make In the
| premises.
And your orators, as 10 duty bound will ever
| pray, &c, Hos. II. ID. COOKE,
| HON. A. r. SHEPHERD,