Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-09-19
The Seventh Street Improve Al ent in
Court.

4 ..
case OF Mattingiy ct al, against tn District Of
Columbia ct al, bill for an injunction 20 restrain
the board from issuing certificates of indebted
ness Tor the paving of eth street, between b
street south and the river was called this morn
! lng,-Messrs. X. i. Merrck and L. A. Lambert
for petitioners, and W. A. Cook and ). X. Bond
LOT The respondent. MIR. Lambert read the bill
of compliments with exhibits and several afids-
\ in TIE starr
| Mr.. Bond read the answer of respondents, de-
nying that compiainants have an identity OF
| interest; admitting that the assessment bills
have been made out as alleged; but denying u al
\ 1t has been done by the District OF Col1 moia,
| government OF said District, and an act of the
Legislative Assembly, prescribing the mole
works. They admit that the Assessments amount
10 SS.74 IL 90 per front foot, and that the COM
| plaiDants have been notified, and in case of
their refusal TO pay, the certificates will be is
sued. bearing interest at ten per cent, and If
unpaid for twelve months the board, on appli-
cation Of the holder, would be compelled to sell
the property, or so much as might be necessary.
They admit tie allegations in relation 10 the
ordinance OF the corporation Of Washington for
the construction of a sewer, paving, &C.. and
the contract with Linyille. They admit that
Linyille entered Oh the work, and that subse-
quently the charter OF the city being repealed,
they (the board) assumed the supervision. They
admit the change in the dimensions of the sewer
and aver that the sewer provided for in the orig
lnal contract was inadequate, and that the
change was wise and iudicious, and while
ants, il was of great and increased ben
eft To them. They deny that the sewer work
was imperiectly done; deny that the proper
share for the improvement would D)t have been
more than - 81 per front foot If the work had
been done properly under the contract. They
admit that some of the compliments have
called for bills of items, but deny that under
any law such bills can be demanded, but being
anxious to furnish all possible iniOr til ey
did so by liter TO the committee, which was
published. They deny that the assessments are
fraUUuIeDt, excessive in
whole or in particulars, and that any part is
without warrant or authority of law and aver
that SJ.I WAS for the necessary supervision and
inspection of the work; that IL 49, 100 cents per
foot was necessary in consequence of the ex-
empton of church property. They deny that
81 ,S1916, or five per cent. of the total, is arb
trarily added without warrant, and deny that
such sum has been added, and aver that it was
necessary for the contingent expenses of the
board-engineering and other matters essen
tial TO the carrying on of the work.
They deny that each lot should be charged with
Its own special improvements, or with the au-
thoriZed proportional share of the cost OF i'm
prOvements Immediately adjoining thereto, and
submit that by the acts of Congress and the Dis
tTict legislature the property adjoining, as well
as that especially beneRtted, may be charged
with Reasonable proportion not exceeding one
third of the cost; and they aver further that the
assessments have been yainst property adioin-
ing said Improvement and specially benefited.
They deny that the assessments include curBing
and paving sidewalks wholly unnecessary or
that said work was done without authority of
law. They aver that the six foot sewer in Water
street was necessary for the sewerage OF 9TH
street, and without it the sewer IN eth street
would have been overcharged, to the great
detIiment of property, and the cost OF said
sewer was properly charge able TO the property
holders on eth street. They deny that old
notwithstanding, cobble stone and bricks of
value-were removed by them or their agents;
deny that there are inaccuracies or irregulari-
ties in the assessments; deny that they have
combined with LinVille and Gleason to defraud.
They state that no private purpose or hope of
gain controlled or influenced them; that the
work was commenced and carried on tor six
months by able ard experienced contractors in
the neighborhood of the residences OF some of
the cOmplainants and under their daily observs-
ton; that the work was completed about the
month OF october, 1871, and il was only after
they had been regularly and properly assessed
that they objected to the cost, with the avowsd
purpose of evading payment in part whole,
and the board submit that after such
tactics and acquiesence 1t would be mani
testify against good conscience and equity to
allow complainants to attain their purpose.
They further say that the entire cost Of the
Improvement is sl5I 1854, leaving, after de-
Quoting S24 ,eli.,9 charged to the United States,
the W ashington and Georgetown railroad com
pany and others, with five per cent. for general
expenses, the total coet $40 Bill, one
third OF which, $40, $40 q, only is charged or
assesse ed against private property, and $40 so
against the separate property-hOlders named in
the btll, and the balance, $50 1880, against the
property adjoining and especially benefited by
said imprOv emf nts, OF hich 81 ,l24 CT has been
paid Having fully answered, they pray that
the bill be dismissed and the temporary injunc-
ton dissolved.
misioinder of parties and want of equity. The
reading OF bill, answer, and accompanying pa
Tels occupied the court ill II O'Clock, when
recess was taken for halt an hour.
The case l. being argued this afternoon.
AN OLD SwINDLE RRvIvED.-within two
weeks past quite a number OF orr citizens have
been sWinded in the following manner: A
nnrR rR xr'si aI thou
forge the names of friends of the par
tics addressed, asking the loan of sln al
sums Tor short time. The notes are
sent by a eoOred boy about seyentee en-
years OF age, who is believed 70 be party 20
the swindle Among those who have been
swindled within the las. few days are Mira. r TO
tise, who keeps bakery on ID street, betwe IN
9th and 10th streets, and Mrs. Neputh, whose
place of business is on 9th street opposite Center
market. The former was victimiz ed to the extent
OF >l1, and the latter lost so by the operation.
The same sharp practice was attempted on
August Koch, who keeps a restaurant on ID,
near 9th street, but he did not bite, and conse-
queHty was not swInded. The name forged to
the note addressed to Mr.. Koch was that OF Mr.
Adam Young, whose place OF business is on ID
street, within few doors OF The STAR Office.
ALI ABOUT A RING-This afternoon .about
z O'Clock quite crowd was drawn together
at the northwest corner of PENNSYLVANIA
avenue and 18th street by an altercation
between a lady and gentleman. The latter
ON meeting :he young lady demanded
a certain ring on her finger, VIII ,reupon She
grew Indignant and threatened to cali the DO
lice. The man still persisted in his demand,
when to escape i'm she turned Il D 18th street
He pursued her, however, and at the corner OF
18th and T. streets seized her and threw her
down, at the same time trying to wrench the
coveted ring frcm her finger. The lady
screamed, and Officer Peaster ing near by
interiered and took both parties t. the Central
statIOn-house.
The DEMOCRATS GETTING READY FOR AN
ACTIVE CAMPAIGN.-A meeting OF the demo-
cratic executive committee was held last night
at BeCk's Hall, and finance COMMITTEES was
appointed a. follows: Robert 1. Fleming W
ii. Clagett. Joseph +. Brown, A. g. Hall, Il ).
Davis, X. W. feDwick, y. Grant, James God
dard, and William IL. Langley. Sub-commit-
tees were also appointed on printing, meetings
and organization. The democratic aud liberal
republican executive committees we're invited
To meet the campaign committees To night 70
consult Oh campo IN matters.
-
A BOLD THEFr.-Yeste two eol0red N en-
went into the drug store corner OF + and 9Th
streets northwest, and one OF them seized box
OF cigars, both starting off at at fdlI run. They
were pursued by a crowd, and one of them eS-
capped. The other Oyertaken at he