Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-09-04

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night at Island hall, about thirty persons being
present, MI. George Mattingly in the chair and
H. Wonerd secretary.
The chair stated that they had met TO hear
the report of the committee appointed at a
former meeting TO wait upon the board of pub
nc works TO see what satisfaction there was for
ne eAOr ollant assessments on property holders
river.
The committee, consisting Of Geo. MsttingIy,
Geo. T.. Kirk, j. Van Riswick and G. b. Church
then submitted their report, which sets forth
that the committee called upon the vice presi-
dent of the board of public works, and requested
TO be furnished with an itemized statement OF
the cost of said ipprovement-SS I5 per running
foot, which is represented as less than one-thIrd
OF the entire cost OF the work. The vice pTesi-
dent replied that such a statement was then
being prepared, and would be- delivered over
bis own signature TO one of the committee in a
day or two. Relying on this assurance, they
retired. and although six days have elapsed,
said statement has not been furnished. and no
communication from the vice president of
the board has been received by the
committee by way of explanation. An
article was subsequently, published In the
Republican newspaper, purpOrting TO be adj
dressed TO the committee, signed Alex. K. Shep-
herd, vice president, giving the items cost of
all work done on eth street. This article was
introduced in an insulting and contumelious
manner, wholly unworthy OF n business docu-
ment emanating from high afficiai, and derog
atory to the character OF American citizens
The action OF the property holders is character
Ized as "infamous' and the professors as .ssGre-
heads" The right OF citizens TO DO informed
how and for what purposes the public money is
TO he expended is admitted as an act Of grace
ana condescension perhaps, but when the at
tempt is made 10 obtain such information il il
met with yllihcation and insult. They are
now compelled to tre..t the subject as they find
it, and TO use all the means IN their power ID
arrive at safe, just, certain and prudent cOnclU-
sions. The committee submitted the whole Use
to legal counsel for an opinion to the legality
of tue assessment, and whether or not its en-
fOrcement can be successfully resisted in the
courts. The counsel have given a careful ex-
animation, both 10 the law aud the facts and
the results are before them. The opinion -, in
effect, that the board OF public works in the ina
prOvement of 9Th street, exc eded its power,
and acted without due authority of law; and
hence, its acts are null and void, and can form
no legal ground for taxation; that the assess
ment OF the tax is illegal, and made in .
manner not warranted by law; and that the
board cannot compel its payment, or en-
cumber your property by reason thereof.
In this opinion your committee concur, and
they aequiesce in its reasons and conclusions.
In the newspaper article referred to is shown
the construction of work not contemplated b.
the contract, and for which large suns of money
are assessed. 1t exhibits charges for work aud
material not IN the contract, at prices higher
tnan such work is worth, or that would be cOun-
tenanced between individuals. IL contains
charges for superintendent not allowed by law
to be assessed against private property; a whole
lars are furnished, and part of which is based on
q hve per cent. charge on $50, S5i.99 and also
the cost or improving other property not con-
tiguous 10 yours, in direct violation of law.
The work has not been done according to con-
tract; the material used was insult cient and
less in quantity than proper regard fJr the
public interest required, and an essential and
material portion OF the work contracted for was
not done, (not being necessary, } vet was allowed
for and charged in the bills. Thus, there was a
twofold fraud attempted to be perpetrated-fuIl
payment and over payment demanded, and in.
sufficient, deficient and imperfect returns there
TOR made. If those omissions and deficiencies
were unknown to the board, its officers or
agents, for whose superintendence you are in
vlted to pay, IL was such gross negligence as to
amount to constructive fraud; if they occurred
", tn the knowledge and consent connivance
OF the board, il is an actual and positive fraud.
Large quantities of old material, for which the
had once paid, has been re-
moved, and not dollar of its value or its pro-
ceeds has been credited on the present work to
lessen its burdens. The proofs of the foregoing
facts are abundant and incontrovertible; and as
fraud corrupts and destroys all things into which
thereof must fail. In conclusion, your commit
tee say that, for the reasons stated, the enforce
ment of said AZ essment on your property can
and ought to be, successfully resisted in the
courts; and therefore respectfully submit the
accompanying resolution, and recommend its
adoption:
Resolred by this meeting, That a committee of
i've be appointed, one of whom shall act as sec
rotary and one as treasurer. Said committee
shall be empowered to receive and collect such
funds as will be, in their Judgment, necessary
to defend and protect the interests OF the citi-
zens affected by the recent improvements of 7th
street southwest, and to have full power to en-
ploy counsel, and pay them with the money SO
collected.
The report was received and the resolution
adopted.
when the vote on the adoption was
taken. hardly voice responded, and Mr.. Geo
taken, AZ would seem by
THE WEAK RESPONSE.
hlr. olfert asked ii 1t was the purpose to 90
to law before the funds were collected necessary
to pay counsel.
The chair stated in reply that it was the pur
pose TO go to law at once.
Nr. Vim. b. Webb said lie was there to repre-
sent large property holder, and promised in
behalf Of bis ward 10 do his part.
The chair stated that he wanted more than "A
pledge; he intended to start sut -cription panar
at once to raise funds to prosecute the board OF
public works.
Mr.. Webb moved that a subscription paper
be started at once; adopted.
MIR. Kirk stated that he had inquired of coun-
sci what the probable cost of prosecution would
be, and had been told that it would take S3,509
THIS amount could be raised, and if il was not
ali used it could be returned to the contributors
pro rata. He moved that the committee called
for by the resolutions be appointed tirst adopted
Messrs Geo. Mattingly, G. b. Church, John
Van Riswick, George Z. Kirk and II. WOlford
The chair here made an appeal to the prop
erty-hoders present TO come forward and sub
scribe, first rehearsng their grievances and the
action taken at the former meeting, for the
Information of those BOT at said meeting. Among
Other things he said that counsel had advised
them that all charges of the board of public
works not stipulated in the contract made by
Mayor Emety for the improvement OF 7th street
were Illegal, and could not be enforced. The
five per cent. for general expenses, church prop
erty tax, and and the item of S517 to pay George
W. Linville to superintend his own contract
were all Illegal and null and void. 1t was their
purpose to carry this thing to the Supreme
Court OF the United States If necessary. Two
dollars and thirty cents per front foot was all
that the board OF public works could collect, as
per the original contract, for the pavement alone
of 9Th street.
The following amounts were then subscribed:
George Mattinely. 500; John Van Riswick
Sio0; G. T.. Xix, SIJ0; q. B. Church, 500; IL
X. Randall, siCO; G. T. Cassell, 800; Woltord &
ShiibeTg, SO; Thomas Fahey, so; T. F.
Maher, A. j. Garnett, s. +. Lomax, T. r.
Lewis, w. y. Croggan, j. G. Kepoler, w C.
HaDey. Robert Mahoney, j. X. Mankin, b.
shea. j. Lopmat, l.. Kessnor, so each; L.
Bishofl, $50.
ne chair here made fresh appeal, saving
there appeared to be a number present who hal
not come forward, and tor their benz fit lie would
say that none would be included in the benefits
resulting from the suit except those who assisted
in defreyiOg the expenses. All Others would be
left out IN the cold to fight the board the best
they could.
The secrafarv than paS-aa orn,nJ