Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-11

".
Clark against the District Of Columbia, noticed
in The STAR of yesterday, } in which plaintiff
sues to recover $50 20, amount alleged to have
been overpaid to the defendant on assessment
for special Improvement, was heard before j as
tice Charles Walter and . jury at the CITY Hall.
The plaintiff conducted his case p. p., and Mr..
ID. Il. Cahill appeared for the District. The jury
responded as follows: John Purdy, John Wan
Risvick, Andrew Gleason, A. p. Pardon, VIM.
Dickson, W; ID; Wyyill, X. b. Clark, w. q.
ID. Rockafell0w and Jacob Smith. Before the
jury was sworn, the counsel for the District
asked note on exceptions to the ruling of the
justice overriding the plea to the jurisdiction.
The jury having been sworn, Mr.. Clark
opened the case, calling attention to the law Of
1873 as to the jurisdiction of justices, and the
organic act. The 18th section Of this act pro-
yides that the District government shall not
have power to regulate justices of the peace.
Mr.. Cahill remarked that the courts had con-
strued this section of the act to mean that they
shall not specially legisate for the magstr ates.
Mr.. Clark answered that If the Oar winisn sys-
tenn was in vogue, and some of his chrysailis
men had just lost their csudal appendages, this
act would be plain to them.
Mr.. Cahill.-I have the law.
ML. Clark.-l did not say you hadn't. Mr..
clark proceeded to read from the act a. to the
powers OF the board in making improvements.
The term unreasonable charges is used, aud
he did not think that that meant they should
improve the street in front of his promises and
charge him four prices Tor it. He then read has
declaration, claiming that for the work done
the charge should have been e6i.17.
III
the evidence Is in it should appear that Mr..
CLARK has been singled out AID charged more
IMAM others he should have verdict for amount
0verpaid. III, however, they should find tn At
he mad been charged the same rate as his neigh
bors, as he expected to show, then the verdict
must be for the defendant. IL Mr.. Clark hal
any cause to complain he had rem dy in
equity-by injunction 10 prevent the issue of
scrip on his premises.
Mr.. George Thomas Stewart was called and
Identified some memoranda as to misstate-
ments.
Mr.. Cshin objected unless it was first shown
that witness was surveyor or engineer quali-
fed to measure such work.
Mr.. Clark urged that the witness was fully
qualified to measure the curb and paving, and
stated that the excess of his bill was owing to
the exemption of church property. He did not
believe that Congress had any right to recog-
nlze religion, and he would like TO see the law
authorizing the payment OF 800 from his pocket
to pay for paving in front OF churches. Re
ferriDg to the late speech of Gen. Chapman, our
delegate, he said the subject was fully explained
by him, and in his opinion Gen. G. had by this
spirit raised himself in the estimation of every
fair- mipded citizen.
Justice Walter at this point remarked that
any man can measure a square yard Of pave
mtDt, and the witness could proceed.
Mr.. Cahill.-I would note an exception. The
official measurement is the only correct one.
The witness.-I have seen that measurement,
ard 1t is all wrong. They have charged at the
rate OF 500 per front foot, excluding the sewer
bill, and according to my estimate it is s29S too
much.
Mr.. Clark.-Can you tell how many yards of
NJ Cot tn9ie ar. 10. .-,.. :.
measurement.
Witness, (wsrmly.)-I have been sworn to
t seiI inc ruin; anu the SWORN measurement Is
Justice wslter.-Have you seen the measure
ment OF the board?
,h oo,s;.,id nave, anu PEonouncel II before
Mr.. Clark.-Did YOU
.. nltnesS'IID e "iutn OF the carTlage-wayl IL
-. 'eeI, Snicn Nouiu give . YARDS 70 oe patd
80 80 1870 no p'osooIeu " StpIain ehat tue OH
was lhcoTrect; as ne had tesnned before the
20 scn essIons coihIhlttee. iney had charged
III =, ,o.t a. escn, On tnat street., n, IRON
Mr. 70 Cabi su eat Two haa oeen planted; ,.
AZ cSoai ', - I 49, eAalueu wines, VINO sau
OLeIh nau oeeh en- argeu no more thah other
PP, noi niisi, a lie" nasty WORDS were
ING an engineer was nor connstsnt mr. os
s , 9" ,. y, wa noL IolnPeteh. wltness,
s, ~. ct IMAM ne (C'J was lawyer, an witness
leIa ,he ei stang ,,os,,,,s.o..,a
st ~; HsIh took lne stanu ana Iestined that tne
1871 Ii oH s.u ne mao PAID the oslsnce, ana s'-
col 10 the ocaTd prices the bill paid was
e. - h ~ nis0n u ne unusIsuoou that ne ns1
p t InaIgeu 10 pay LOT the WORK In front OF
I En ~. Ir9perty. ,-.,a
,hst 70, RI me deiendant, Mr.. l. ID. Winter testified
ma ne Wa elhpIOyeu oy tne BOARD IN MAKING
Ou' .pSclaI aSses nents, ana ne had every rea-
soI " euefe lne oIli IN question: was true anu
correct, ne explaIne q that the whole cost OF the
$500, wa uI'iueu oy tue numDer OF 'front.' teet
lsneIeonIcnutch ana scnooI property being nrst
ueuucUeu-to nX tneTate. Inc church property
eSSmRIed oy an act OF congress.
Ill " u Z Iaah heIIy s"0fh:-IS assistant as
a.. Vi INC oosId OF Sohc WORKS; ina blii OF
Sli. OIaIh Wa paul NJ the same rate as other
Pl NJ ~ On 'nst street.
AZ GU sui a. sueu tne case 70 the Jury, saying
49,. iaI my DC unIoIIuhste In resldlng on ii
sueet, wheIe churches are, but ecclesiastically
ne ue iey pe DenenIed oy llvlng directly beneath
- uaVpP.ns Vi Iue sanStu ary Inc testimony
81 Si 'as hS nas oeSn charged AT me same rate
&c as LIE nelenpoI ne Iad MS remsdy by IN
~. '0,. anu ne shodL. nave taken that course
o,as. 10 Ia ,. eloseu u arguing tnat Con
scss su uhcohsti. sty passed law ex-
dPt pug ChuIchss rom texauOn. he dld not
ueehc one cent tnat dlu not belong TO him, but
snescb 81 EanaII 9 StI ne tuousht tne
nest he baS $500 81 - III - CoIsIeSs was tne
He IooLcS la NJ ui sho ast nFe years.
man snd 20 hin NJ hIa uIa 800 10y Mss
these sbnses -i 40 o'"'1e 0ouiu oo a''A0neu lor
The inrv ye,o ,,na,Ia 60 o,roo 90 -. n,
CHARGED " "s'ee' ""u "0ie uis-
Norrp ppos IN ruv C,svo,S-
Am wrIsoN CU.pcyn NJ $3.50 o ~ W SIX
WITH PyRsTRyMThis mornins IN tho 800 49,
Cont Jndoe Small stataI tiat ~ - r.a 49,
the foiIoxi5s letter. ~ Ae "u i000i'ou
W.surynrox .,ru,, ~,
Hon IL y Sail L,da- = n. Dr.. ~ -, -"