Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-09-20
SEVENTH STREET.
THE ISJUNCTIONLSTS IN COURT.

A"t AN" hahN AVNANAF Nv NVNNAs
Tkc BlIl, Answer and Anidnyits- ArEu.
ment HeEun-C n-s Adjourned UatIl To-
Dny.
The case Vt MattIngly ct al. ". The hoard
OF Public Works was partially heard before
Mr., Justice Humphreys In the spccIal term
yesterday.
MIR. Cook and Mr. Bond appeared for the
Board NJ Public Works, and Mcs'rs. Mcrrlrk
aud lambert for III, lniunctlonl'ts.
vAHtoua REApINus
| The whole Of the earlier portion Ot the ses-
sion was Occupicl WITH the reading u the papers
Mr.. lambert read tho Jlll Of complaint, a
/ synopsis OF which has already been Published
| ia this paper lie also read the anidayits Of
| Lewis q. Nury, \. ID. Hutton, Johu n. Mat
tIngly, J. T. Oagsell, WIN, y. Brown, Quincy
| L. Page, =, 4. Champion In support OF the bill.
| The alHlavits declare that they have watched
| tho whule progress Of the work, or Of some part
u II, and that II has not been constructed In a
PROPER manner
ms EsswER oP rHR HOARD ~ PUBLIC WORKS
Mn Bond road tue anHWcr OF respondents, de
nying that cOmplainants have al Identity Of In.
teTeHt; admitting that tho assessment bills have
| been made out as alleged, but denying that u
has been done by tho District Of Columbia, hut
under an act OF Congress providing Tor tho gov.
eminent Of said District aud an act VI tho Lcgi7.
latiye Assembly prescribing the mode Of asseas.
ment by the Board Of Public Works. They Rd.
init that the assessments amount TO - "a 4ltiO
per foot, aud that The complainant have been
certificates will be Issued, bearing interest at
ten per cent? AMI II unpaid for twelve months,
the board, on application OF the holder, would
| be compelled 10 sell tue property or 80 much az
might be necessary. They admit the alloHn-
lions In relation 10 the ordinance Of the corpora
ton OF Washington for the construction Of a
sewer, paving, sc, and the contract with Lin
vile They admit that I.lnyilie entered on the
/ work, and that subsequently, the charter Of the
| city being repealed, they the boardl assumed
| the supervision, They admit the change In the
| Dimensions OT the sewer ami aver that the sewer
provided Tor In the original contract was made.
| quate, aud that the change was wise and iudl
| cIous, AMI while II enhanced the liabilities Of
| the complainant, Il vas VI great and Increased
benefit 10 them.
They deny that the sewer work was lmper.
iectly done; deny that the proper share tor the
| improvement would not have been more than
500 per iuut II tho work had been dome properly
/ under the contract. They Ndmlt that some OF
the cnmplniuants have called Tor hllls OF ltensi
but deny that under any law snch bills can be
| drmhndcA, but being nuNiuls to furnish all pos
| sibls information, they did 50 hy letter to this
| committee, which was published They deny
| that tho assessments are fraudulent excessive
| and Illegal, either In whole vr In Particulars,
and that any part Is without warrant Or author
ity Ut law, auu aver that sjii was Tor the nuces.
sary supervision and Inspection OF the work;
that II a. 100 cents per loot was necessary In
consequence Of the exemption Vt church prpp-
cry. They deny thai VI, 81 ID, or hVe per cent.
| Of the total, IL arbitrlrIIy aided without war.
| rant. aud deny that such sum has been added ,
and aver that u was necessary Tor the cOntin.
gent expenses NJ the lulri-ongineeflnB and
other matters essential IL The carrying on OF
the work. They deny that each lot should be
charged with its own special improvements, or
with the authorized proportional sha Q OF thecost
OF improvements Immediately adjoining thereto,
aud submit that 10y the acts ut Congress and
the District Legislature the property adjoining,
as we'll ~ that especially benefited, may be
charged with reasonable proportion not eY'
cocdlnk one third VI the Gust; aud they aver lur,
| Their that the assessments have been against
| property adjoining said Improvement aud spe'
cLAlly benefited. They deny that the assess
menis include curbiuR AMI paving sidewalks
wholly unnecessary, or that sAh work was done
| without authority Vt law.
| They aver thai the SIS foot sewer In Water
street was necessary Tor the sewerage Of seventh
street, aud without It the sewer In Seventh
street would have been Oyofcharged, to the
great detrlmeut Of property, Rud the cost OF said
sewer was properly chargehhle to tho property.
holders on Seventh street They deny that old
notwithstanding, cubhls stone aud bricks OF
value-Wcre removed by them or their agents
deny that there are inaccuracies or Irregular
ties In tho assessments; deny that they have
| combined with L,nyiIle and Gleason to detraul,
They state that no private purpose or hope Of
| gain controlled or influenced thcmi that the
/ work was commenced aud carried on for six
months by able and experienced contractors IN
| the nelghbOrhOOd OF tho residences OF some OF
the cOmplalnRnts and under thelr danny obserya'
I
month Of October, ISL, and Il was only after
they had been regularly and properly assessed
that they objected to the cost, with the avowei
purpose Of eyadlng payment In part or whole,
and the board submit that amer such tactics and
| adolescence IL would be mAnIiestly against good
conscience and equity to allow eOmplainants to
attain their purpose; They further say that the
entire cost Of the improvement Is Sl5I,5s3 ~,
leaving, after deducting S2t,9lL7p charged TO
| the United States, tho Washington and George.
town Railroad Company and others, with per
N.rsF II nj MI a .
| SAIL, one third ut which, ti6si9 q, only II
charged or assessed against private property,
and 50 h30 against tho separate properly
20. ~, against the property adJulning and o.,
pecially benefited by said Improvements, OF
which tl,42I o. has been paid. Having tally
answered, they pray that the bill no dismissed
| and the temporary Injunction dissolved. Mt
Bond also filed demurrer to the bill Tor mis-
IOinder OF parties and want Of equity.
| A short recess was then taken.
AFTRR THE RECEsS.
| At tho conclusion OF the Tecsss, the time ioi
argument having arrived, Mr.. T. A. Lambert
| opened the case for the lniunctlOnists. Mr.. l..
said he designed TO conhne himself To history
| OF the improvements On seventh street south
west aud thus show the appropriations OI the
The Uour. Read the prayer Of the bin, MIR.
The reading was procoodtag, Whcn Mr.. Cook
came In.
The Court, to Mr.. Lrmbert) Stop
Mr.. Cook also stoppcd, and looked at the
OS Thd',,onr, Nj C,or tina oryumcr, hs, ho
ny ~, ,h., ta. - ~, ,r,,yrsss ia a M
/ have asked Tor the reading OF the bill, which
uON IN KIN, on s,,iis anJ hov Va,
NJ. III -. ~, ,,r,sass,'I yvtI6 ana Il
it, conclusion Mr. Lambert began his history o
III I g,, ~. ~ al III r.fr.r,, ~, t,cs,
~ quo. ,, y, @ ,,,,,,, NJ Itr, a." II,
p '''' '"'
| NJ l. than sryosd that thIs Imnrovsment M
rrrLnnce Titb The AuthoIIty conferred upon III,