Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-10-07
Powers Of the District Government
4 SUIT FOR DAMAGEs-IMPoRTANT POINTS IN

yOLvBD.
This morning, in the Court in General Term,
tne case OF VIM. Barnes agt, the District OF CO.
Iumbia was called, Mr.. K. X. Eliot for plaintiff,
and Messrs. W. A. Cook and Enoch Totten FOR
s Inc plaintiff alleged that some
the excavation made for the tunnel Of the Baltl-
more and Potomac railroad company on X
street, between 9th and It'll southeast. For the
injuries alleged to have been sustained he
brought suit for $50 900 damages against the
District OF Colunbia. The trial was had on the
list Of March last, and q verdict for 50 500 was
found for plaintiff. Defendant made q
n mouon Tor new trial, which was
exceptions taken by the defence to the ad-
mission as evidence OF ordinances of the late
corporation OF Washington, to the ruling of the
court that the defendant was liable for the al
legged injury SC. The defendant makes the points
that the ordinance was irrelevant; that the Dis
triet does not, under the organic act, have con-
frol over the avenues and streets; that the
entire control is conferred on the Board of
Public Works; that the Board derives all its
functions from the United States; that the
interfere with the streets; it may make APP
populations for the improvement of streets
put Is not required to do so; If it could oe
defects in the streets il could only be when
II has given its sanction to improvements
by making appropriations for them. No
appropriations had been made for the i'm
provement Of street east, at the time of the
defendants injury, and no contract existed for
irONcmc0L with the Dlstrict or the Board
Of Public Works. The cause OF the injury was
created entirely - the Baltimore and Potomac
railroad, acting under the exclusive authority
OF congress. The railroad was, therefore, the
only proper defendant. The District, while il
had not authorized the excavation, could not
prohibit or control ii. But il the railroad was
not the only proper defendant, the suit should
have been against the Board Of Public Works.
II, and Ii only, possesses general statutory con-
troll over the streets And this court has decided
that It is capable, as respects this very control,
OF sueing and being sued. IL cannot be that
both the District and the board can be liable to
actions respecting the same matter or wrong.
MEpIcAL.-The ffty-second annual course Of
lectures of the medical department OF Column
bian University was commenced last night in
the hall of the National Medical College, H
street, near 18th, the opening address being by
Dr. w: w. johnson on the theory and practice
of medicine.
Last evening the Alumni Society of the medi-
cal departments Of the University of Georgetown
elected DR.. W. II. Ross the orator to represent
next.
DISTRICT PoLITICs.-At a meeting OF the
young mems republican club of the 18th district
thorough canvass of the district, to secure full
registration OF the republican voters.
Al meeting Of the temperance voters of the
lSth district, at Wallis hall, last night, addresses
were made by j. A. Dunning, W. P. Drew, s. Q.
Mills, George Savage, Mr.. Simpson, Mr. Divine
Mr.. Barron and others in favor OF the prohibi-
WALLS OPERA HoUsB--That bright, CHEEKY
and frolicsome sprite, Lolita, appeared ct Wallis
Opera House last nil ht, and has lost none OF
her magic. "The Little Detective" IN which
che assumes i've characters, will be repeated
this evening for the Lass time. 4" Little Nell
and the Warehouses" Is underlined for this
week.
oTBERB Is q tide in the affairs Of men, which
taken at the food, leads on to fortune" Atten.
ton 10 invited to the advertisement in another
column of q couple Of teams for sale, afording
an excellent opportunity for engaging in the
teaming business with every requisite pro-
vided- Goodwill goes with the establishment.
0
RELEASED PROM JAIL--Cornelius McAu-
Jffe convicted in the Police Court and sent to
jaii for selling liquor without license, who was
brought out on a writ Of habeas corpus some
time since to test the legality Of the commit
ment by acting judge Dawson, has been re-
leased from jail on his own recognizance.
TIE CARROLL FAMILY have made q grea.
hit AZ the Theater Comigue, and with julie
Keen Prof Richards, the man. fish, and other
,o-sItiss. make up an entertainment that is
hard 10 beat for variety and excellence.
BrfIpISe AssocIATIoS-Th The eighteenth
monthly meeting Of the Republic savings and
Building Association was held last nsgnt, ana
81, SEQ eleven shares) were advanced 70 mem
hers, at an average premium OF l0l per cert
4-
THE REGISTRATION yesterday footed 1p. New
voters 2i4-s3 white and I3f colored- Changes
of residence, 55-4l white and IA coloref.