Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-08-31
RIEER TRIUMPHANT!
THE INJUNCTION CASES.
WHAT JUDGE HUMPHREYS THINKS OF THEN.
The Monopoly still in the
Ascendant
COBRLEsTONES DESTINED TO REIGN.
Arguments of The Two Bnlleys, Pro, and
Mr. Phillips, Con.
4 Hard Hit BY the Judge at the Want Of Ac.
cOmmOdatiOn.
One Chance Len the People Against the
Monopoly.
COBBLgsTONES DESTINED TO REIGN.
4 Hard Hit by the judge at the Want Of Ac.
commodatiOn.
One Chance Len the People Against The
Monopoly.

| Company and Of the Washington and George.
town Railroad Company We. The Board OF Pub.
lic Works came up before Mr.. Justice Hum
phreys yesterday, in advance Of the time at
which II was set down flr argument, Tuesday
next.
Mr. Justice Humphreys some days ago sgni.
hcd to the attorneys employed In the case that
the case was Of too much Importance 70 be so
| long delayed, and that he would be glad to hear
| q preliminary argument upon the subject. Yes
| tcrday morning Mr.. ;. /. Phlllips for the Board
| Of Public Works, ADD Mr; J. u. Bradley, for
| the railroad company, made their appearance.
Mr. shepherd and Mr. Magrudsr, aud amer.
war Ia Governor Cooke, " the board were pres.
ont, rs vas President Riker, Of the railroad com.
Judge Humphreys said that be had requested
the counsel 10 appear ia court, not knoving that
the attorney tor the District (Mr. Cook was out
Vt town. These cases were important ones, and
they should he Adludlcated on a. soon as posi-.
bile. lie had Teai the bills, and devoted the
larger portion Of Thursday afternoon and even.
Ing to their examination and 0OusldpraiiOn. Tho
QuestiOns raised were purely legal, depending
On the construction Of acts Of Congress aud an
act ct the Legislative Assembly lie had come
to the conclusion that II the counsel would con-
sent, and were ready, he would hear the cases
to-day, 30 that the court could decide aud tho
parties shape their course. Both parties repre-.
sent the public, Who are greatly interested 10
piled TO with the tTst bill (ralruad against the
b0art) he wOulI have nNed the hearing for on
early DAY, not later than tlis date
MIR. :. ). Phillips remarked that Mr. Cook
was absent and he having Just culn1 into the
case during last evening, he was not ready, hut
thought ho would DO able To go on by o'clock
tomorrow morning.
Mr.. Bradley, IT,, said that Mr.. Philip Phillips
was one OF the counsel tor the company, aud was
absent, and having been trlegraphod to, had
probably made his arrangements 10 DO here on
Tuesday.
Mr.. Phillips said the board was as anxious to
accommo,iato the public Ms the company, but
they could hardly 10 ready to proceed before
morning.
After some farther discussion, Mr.. Bradley
II said that II should EOt go forth that they
lthe railroad c9mpany) are ans"erable Tor delay,
anil tbGy would take up tho case nov, with the
understandings that the answers should DO ilod
by morning.
Mr.. Philips wO will proceed, thOn, your
honor.
The court then took recess until O'Clock.
Ailor tho recess, Mr.. Bradley IT,, read the
bill nled BY the railroad company.
Mr.. y. l.. Phillips read the bill OF the board,
remarking that Il Waa pot an answer u their
bill, aud said that at he proper time he would
deny certain ayerments In their ttlo rallrOad)
bill.
The Argument was opened by Mr.. Joseph II.
Bradley, IT,, Tor the railroad company Mr..
Bradley urged that tho railroad company had
been authorized by Congress to lay down It's
tracks along Pennsylvania aVGnue aud 10 pave
II as the street was then paved. They have coin
piled with this charter, and have acquired a
vested right to use the crntre OF the street for
10 defiance Of this right hal undertAken To re.
move tho track from the street. lie discussed
the question ut sOms length.
Mr.. y, l. Phillips In an able argument cyan.
lined the case, aud urged that the poser eKer-
elsed by tho Board OF Public Works was In strict
accordance with the Law and tor tho beneht Ol
the people OF this District,
Joseph II. Bradley, 0sI cnuCluiei the argu.
ment. lie urged that the Board Of Public
Works had exceeded It's powers Thcy hal torn
up the rails Of the Railroad, and we're trying 10
n IRF a
pavement unsuitod 10 the purpose merely At the
within Of the board.
Alr. Phillips. YOU are only bound to pay one
third Of that
MIR. Bradley. Bat by our organic law We arc
bound 10 pay, not "ae thiri, hut the whole. The
court will not allow tho rgilruAi company to
charge two thirds OF the expense Upon the clti
Iens. Mr.. Bradley contondod that the only act
VI CUngTsSR which required the removal " the
track was that which related IN an extension Of
the Capitol gruunds. There was not a word Ot
removing the track TO park street. lie said
that after the scat ct q IveTnment was located
here, Congress employed thirty enWInsors To lay
out the city, with the provision that after their
plan hal Iss u approved by President Washing.
Ion II shOald stand as tho plan Of the city.
Every man owning property on a street was en-
titled to a street OF certain width. THIS was q
contract between the owner ami the Govern
ment. He would not say Congress hal no
power hat he did contend that the Bard u
Public Works hal no power Ia open new streets
not laid down In the plan, nor u iniorisre with
the rights Of pTnp0rt y-nWuets IN the streets
opened. The width uT the streets AMI tho width
OF the siloWalkI were fixed by this plan.
The charter Of lsT2 made littlu ptUvisrn for an
improvement Of the streets. The charter VI 1870
was the hrst which gave much power In thls
direction. but tho Board OF Public Works dtd
not pretend to rely upon any power specially
granted ny CONGRESS, but had relied upon the
act apptOpTiating q OOO, 900, passed. by The 10.
gltlhtivc Assembly, In which all changes made
were 10 he In acCurlauce with plan submitted
to the Legislature. But the parking OF the
centre OF Pennsylvania avenue east was not pro-
sented as part Of that plan. He admitted that
the railroad company were bound To conform to
the grade Of tho street, hut denied that any act
Ut Congress required them To conform To the
character 0f tho pavshent. Experiment Mt the
North had demonstrated that ~ iootWay what
ever except that OF c0bbles one Ras available
Tor street railroads.
At the close OF the argument Judge Hum.
phTeys said, with u view 10 expedite business,
~ that the lhhuTcTs could go to work TO morrow,
he would deliver his opinion at night.
Mr.. Bradley said II would DO Impossible for
him to he present ut night
Tho court then took u recess for the delivery
Of the opinion A. oclOck.
Al o'clock the Judge was promptly on hand,
as were Mossrs. Shepherd and Brown, Of the
railroad company was represented by g q.
Sailor. Amer the court was called tn order
Judge Humphreys read Ills opinion, as follows
THR OPINION.
The Washington and GisOrgetnwn Railroad Com.
pany vs.. The Board Of Public Works and the
Bnart Of Puhlin Works VS.. The Washington
anu toOTgotOWn Railroad company,
These cases are heard by consent Of counsel tor
the parties before the dag set for tho return OF
the writ.
The two cases are heard together.
ether
The matters In controversy dopend-for their
soluaon-uL"n n"s"I tho Congress Of the United
States.
Each claims a separate, exclusive control over
certain objects ami subjects
For the purposes OF this case 1t may be stated,
as a general proposition, that the Board Of Pub.
lie Works has the powers commonly given to
clly corporations OF repairing and Improving
streets, avenues, alleys, sewers and incidental
objects Tor the hehent Of the public. And these
pOWeTs may be enlarged or clTcumscTlbed &c.
coniing IN the circumstances Of the places over
which the powers extend.
Tho Washington and Georgetown Railroad
Company Il the owner Of real estate by the eN-
press provisions Of the act OF Congress granting
the right Ia construct their roads,
Seclion OF the act MAY Il, 1921 provides
that "snid roads slnll he deemed real estate" |
except as excepted In said act.
Certain provisions are made to regulate the |
construction Of the tracks and, as lar US tho |
tracks arc involved the company has the same |
protection that any real estate owner has.
II tue PROPERTY was taken tor public use a fair |
compensation would have to he made. So, II the |
property Of an Individual Is taken iur public use |
a Just compensation must lie made. |
but would II not be the extreme assumption Of |
arrogant power to pretend that a Cumpa ny could |
forbid the whole community from making any |
from smoothing the surface or grad |
Ing the slopes, or passing over the track from |
one side Of the street or avenue TO tho other, |
The rails OF the rUad are required by the third |
section Oi the charter tn be lhll upon an even |
surface with the pavement u tue streets
Section hve Of the said act VI Incorporation eV- |
pressly reserves u the Government the right Of |
Improving or altering the grade u the Avenue |
ut any tiIne-und u the cities u Washington |
and UBOTgstOwn tho same power over streets |
and In such event II shall 10 tho duty Of said |
company to change their said railroad 80 "a 10 |
'uniUTm to such altered grade and pavement" |
No more can he done Ia relation ~ the property |
ii tho poorest individual in the District
by tho act Of February, 1871, the Board NJ |
Public Works Ia entrusted with plenary powers |
over the streets and avenues, subject To the |
Of power, according 10 the object and
subject Of the grant.
Every person VINO builds house upon lot |
4 designated In the city, has charter by the con
sututun Ut tho lapd, for the rlEht ot enjoyment
thereof
Tho company has only tho grant Of legislative |
authority for the enjoyment Of It's road,
The contract with tho company can hind no |
further than the contract with the Individual. |
In both Instances, the property may change |
hands, but the tenure VI both yields to tho pub. |
lice noco8sitlus subIgrt TO the rule Of cOnponsa-
IlOn
These are tho general rules for tho general
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