Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-03-31
Legal Proceedings against District
8fiicers.

INJUNCTION SUIT TO PREVENT SALE OF
PkoPkkTY FOR NoN-PAYMENr OF
SPECIAL IMPROVEMENT TANFS.
Or Monday MIR. r. II. Mussey for DR. No
bic Young, filed a bill against the Commits
s1oners OF the District, the C. plector. and
tils sheckels, Tor an injunction. The
bill represents that petitioner is the owner of
lots % To 30, square 70l, fronting 400 feet on
LIST street east between NJ and n south states
that on the 18th OF March, 1870, there was in
existence an act of the corporation which
authorized The mayor to have paved the foot
ways on said 1St street: that no action was
taken on said act until April 1st 1871, when
j. Charles Stewart was directed to do some
OF the wOrk-frOm II street to New Jersey
avenue, and ne did this work which nett
TONER believes was all that was ordered I'M
DER said act; that the organic act OF the Dis
trlct was passed February 2lst. 1871, and the
legislative assembly subsequently, passed
acts regulating the manner of making assess
1nents. by which 1t was provided that they
should be in accordance with the 3Ith section
OF the organic act. and that sufficient
amount should be appropriated ont of the
general fund To pay the Districts prODOrtioD
of said assessments for special improve
mcnts: that in none of the acts or schemes
OF Improvement was there any designation
OF LIST street between NJ and n to he i'm
proved; that in July, II, one Hudnell asked
10 be allowed TO continue the paving of foot
ways on LIST street from ID street to Georgia
avenue IN accordance with petition to the
old council, and Surveyor FOrSythe certified
mat The work had been ordered by Mayor
ROwen and the work directed 10 he done;
that NJ. j. Laughlin was ordered to do the
work August 10Th, 1871, under the Superin-
tenueEce of the chief of the bureau of streets
The tax 10 be collected in conformity with
The provisions of the act approved October
l-th, lsG5, that the work is done and he is in
formed that there has been assessed to nav
for so much of said work as was done i'm
mont OF said property about II 300 And being
advised that said assessment was irregular
and Illegal he declined to pay it. and about
January 1G, 1872, certain sO-calIed certificates
OF stock We're issued under the act of May
"a, iS53. which are held by Theodore SheckelS;
that lie is Informed the collector of taxes is
PREF airing TO offer for sale his property be-
cause OF the nOn-payment of the sO-called as
sessment. He also charges that before
Laughlin did the work he waited on the
members of the Board of Public Works
who assured him that the work had not been
ordered nor would it be: and after its COM
pletion he again called and was assured that
10 such assessment as above stated had been
or would he made; and when finally the .sas-
sessment" had been made, all the satisf;tc-
ton he received was a reference of the mat
Ter u the attorney of the board. He claims
tlat the board had no authority to execute
an uneXecuted act OF the corporation rela-
I'VE to paving, that even if they had
the chlef or the bureau of streets had
10 authority 10 levy tax to meet
Tue cost OF any improvement in any way"
and whatever special tax was levied by the
laws governing the board, and not those of
The old corporation; that all the action of the
board and those acting under il in this mat
Ter was irregular, illegal and void, and the
so called 2-Ss.J1sment should be set aside; that
although the proceedings are irregular, they
cast a cloud upon his title, Which ne is en-
titled to have removed by court OF ed,litv
that the commissioners have no property
liable TO execution if he should obtain a iudg-
ment at law. He therefore prays an iniunc-
ton against advertising said property for
SAFE; mat said assessment be declared null
and void, and the certificates DE brought into
court and Cancelled.
Judge Wylie granted restraining order.