Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-09-24

the Hoard Of Public Works, 10 the contractor
and the laborer, that they may antlsipeto that
liz CARRYING "a of m I% Il that DO 90
there arlnes distinctive principle Of equity In
this connection: that Il Il appear from an entire
greater injury will he inflicted upon the com.
munity, or upon individuals, by the granting OF
an Injunction, uf power existed 10 do SOL than
by Withholding n, equity will not grant II,
There will bs luo consideration on the part of
the court Of the injurious effects OF the granting
or Withholding Of an Injunction. Nov, n your
Honor please, " II no correct, as has been inu.
mated, that AlOOO 900 have been expended for
improvements, II must he correct that ~ 900 900
are duo from the property. holders for Improve.
carrying on tho improvements authorised by
Congress primarily, by the Legislative Assem-.
bly, 10 the next place, and hy tho Board Of Pub.
Il tho entire amount can no withdrawn by tho
operation Of IN Injunction To that extent, not.
withdrawing the requirement Of tho Law, that
or collected out Of their property, the meat
created by Congress for the psTpetuntiOn or de.
'velopmcnt Of the commenced work. Of improve.
ment will he suspended, arrested, Withdrawn;
and contracts made In reference 10 these antIcI.
patel payments must he seriously affected ~
we'll ~ the proper means Withheld for tho pay.
ment Of the lRborers; and, II your Honor please,
mark, this was not an unauthorized Antioipa.
ton, but one In1tlunei by the letter VI the law,
coming TO this court from Congress, and appear.
ing In the acts Of the Legislative Assembly.
where, then, would no the real, ultimate In
jury? Not with the few tax. payers who eau pay
the amount claimed from them, and then leave
ample remedy for its recovery " II he illeEal-if
It has been improperly Asscssei-but II would
consist in manifest and obvious pa sls NJ tho
hands Oft The Board Of Public works. II would
not affect them Individually, but II would affect
the authorised improvements OF the District,
the contractor and tho laboter. Tho Board Of
Public Works would live, and breathe, and atlr
as Individuals although this paralysis might
touch tho improvements. But those who have
entered into contracts relying upon this fund Tor
the payment Of their work would DO the real
Nov, II your Honor please, wish TO refer to
an authority or two In that connection. The
remedy by injunction Is extraordinary, and
should no rcsOrted TO only where there IL a clear
right; and there Il much greater reason TO an.
prchend the production OF irreparablo injury by
Its too frequent use, than from the too frequent
denial Of tho remedy" lBallorman Va. Finn,
Again. "a preliminary Injunction should not
Issue In doubtful cases. The fact that tho de.
| PENDANT Is insolvent furnishes no'ground for an
Injunction" tRsdneld vs.. Middleton, BOsw.,
,"fs is a wSll..Sttled mile that Iuiunctlons
| should be granted with great caution, aud only
IN cases whore the right and peoesslty are both
clear" Roberts 70. Matthews, IS abb, 100 l
"A too free use Of the Injunction power viii
Judges should SOC that they do not use Il unless
( In cases Of urgency, although there nav he
urgent parties desiring It In casos.n IAudfoTct
And that Is The correct rule. II from the On.
tire view Of the character u the case II IL ais.
covered that the injury Of allowing an injunc.
| tior to go out will be probably greater than the
/ individual EoOd that may result from IT, or N
from all the facts the pruprlcty OF It's being 10.
sued e doubtful, equity viii not interfere, al.
| though there may he equitable grounds for an
| Interference. II then becomes 4 consideration
OF the relative injuries OF benefits 70 be derived
or sustained, TO be Inflicted or received by the
action OF the court. or Of the extent to which the
| avermonta Of the bill are sustained.
come now to this position. The bill itself Ia
insufficient It Is insufficient In every respect.
| NOW, how arc It's charges madet How should
| they be malef In lst Daniels Chanoory the
| rule Is stated distinctly that the charges must
6e maize precisely, with care, with precision, and
sonted In Story on Equity.
II Is an elementary rule Of the most extensive
influence that the bill should state the right T.
tie or claim Of tho plaintiff with accuracy and
cloarnoss; and that It should In like manner
state tho injury or grievance OF which he com.
plaios, and tho relief which he asks Of the court
In other WOrds, there must be such certainty In
the ayerment Of the title upon which the bin Is
founded that tho defendant may DO distinctly
lnl3rmei Of the nature OF the case which no Il
called upon TO meet. The other material fact
ought also TO DO plainly, yet succinctly alleged
and with all necessary aud convenient certainty
as to tho essential circumstances Of time, place,
manner and other incidents.
Tho Court. But otherwise II Is.
Mr.. Cook. Precisely. As your Honor IL we'll
aware, the same doctrine is announced 10 Equity
There must DO certainty In the allegations.
Now, 10 there certainty ia thIsf IL So' where
Let me but cite one additional case, Pidgeon vs..
Oatman, 81 Rob:
100, An injunction will not bo granted II the
material allegations are only made upon inform.
alton. II will also be denied where such AlIeEa.
lions arc denied by tho Quo sought To be ro-
strained"
Now, what u your Honor please, arc the allie
cations Of this bill! Take any one Of It's aver
monts. Does Il aver fraudf Howl In WHAT
When7 On what day. In what placesI Al
what hour It Is only the vague and general
a sSs Of fraud; Does It allsEe defects In
Opposite whose LOTT In what portion OF the OF.
tended line OF seHerAge7 With what part Of
the pGvemontH Where Is tho detective work.
lpperfeotly nled-of protesting PORTIONS Of the
wood pavement Where? What part OF The
extended strestT Near b, near Virginia ave
nue., near Water street or Mattingly'S property,
or adjacent TO the property Of SOME one Of tho
other fotty.iour who write 10 this suit Does II
Ieler 70 iLreEularitlssl What are some Of the
Irregularities In what do they Consist.
Now, then, 80 tar as the alleged defeetlyeness
o. the work Is conoernedi so far as respects the
ayeTment Of fraud 50 far as respects al tho ss.
sential Avsrments going to affect tho validity
and character OF this work there Ia only vague.
ness, lndehnitoness and generality. II these
defendants are to respond to these allegations
Of the alleged defects.
They should bO placed within some limit.
This court should not be told, as II was, that tho
heavens are hlled with Omens and pOftonts, as
the learned counsel Indicated. over the birth Oh
the Board OF Public Works. This court shouid
not DO simply told, vaguely and indehnItsly,
that there are serious defects but II IL due 10
the defendants that they may, with due respect
TO the court come In and respond specifically
and In detail 10 these accusations. They should
be required to pause along that highway and
place their immaculate fingers, untAIntsd a.
they claim 10 be-thelT angelic paWs-upon the
spot where these defects exist. Let them come
court to go out upon a voyage OF dIsooysTy,
sweeping TO and fro, all over tho limo OF the i'm.
prOVement, with microscope placed TO the eye
TO ascertain whore some little piece OF wood,
perhaps not in exact annuity with IL brother
piece, has dared TO project itself lIttls higher
10 Us pride and audaoity than its neigbhor. Let
there arc the salmon brick, and the half bats
and the poor cement, and tell Us where the Eush
Ing water touches the salmon brick, and where
the DOM rushing Nth that gathers into that
sewer kisses, In It's eager now, some oTumblInR
cement and embraces, In It's onward range IL
the Potomac, some imperfect pieces Of material
Henry ID. Cooke, Jas. A. MARruder, A. B Mul.
lett and =. p. Brown.
II Is all Vagae, indefinite, reckless
Now, II 10 true, your Honor, that they do yen-
ture q declaration that this earth was not nnud,
died and rammed." Pudded aud rammSd Il
ls denied by every one OF the respondents, so
and the TamminE IL 'rammed" out Of COURT, hui |
they have attempted 10 sustain this "puddiInE |
and rAmming" by the Introduction OF few am. !
IAWts Let me turn 70 one or two Of them. II |
seems that 10 yonder marble or granite build. |
ing-the Post Othcs-there resides q clerk. II |
appears from his Atidaylt that he Is a man OF ,
universal genius, capable Of Performing clerical |
duties tor tho Government Of the Uhitsd States,
and In the progress OF his developed age he has |
SCARED over Chicago, lit down In New York, |
touched at 81 Louis and Cincinnati, and become |
IA nifiaT with the construction Of wooden pave. |
ments. When no took these aerial flights; when |
he wandered out on these peFoETInAtlOns- |
whether before he entered the Post Once or AZ .
terWards-does not appear, but no Is q clerk In
the post ONCE, he draws his salary there and