Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-07-06
The sixth street Hack stand.


THE ANSWER OF THE HACKaEN.
YESTERDAY, in the Equity Court, Judge
wylie, the case Of the District Commission
ers and the PrOPrietOrs of the National hotel
against L. Duhey aud Others-biII FOR an in
Junction 10 restrain defendants from using
9th street, between Pennsylvania avenue
and streeE, as q hack staud-waS con-
ttnued until today. and this morning it was
further continued until nOOn TO -mOrrow.
The respondents are represented by Colonel
W. A. Cook, and they will to morrow file
their answer. They admit the occupation
OF 9Th street and the passage OF the act OF
August ., 1SI0, by which the Board OF Pub
lie Works were empowered 10 designate
hack stands; they deny that the alleged
orders of the Board of Public Works (chang-
Ing the lOcaLiOnl were made; and If they
were, they assert that 1t was without au-
thOrity and Unauthorized and void. They
deny tnat the Commissioners are the sue
cessors OF the ooard, and II the order In
question was made by the Commissioners
they assert that 1t was without authority
and void. They state that the notice served
required them To remove TO 9th street, be-
low Missouri avenue, which is between the
public grounds and occupied by the tracks
of the Baltimore and Potomac railroad, over
which steam cars are continually passing
and repassing, by reason OF which IL would
be impossible to keep their horses and hacks
on the stand without great danger of injury
TO said hacks, &C, the persons Ia charge, and
to persons passing and repassing. Tney state
that, acting on the advice OF counsel, they
did not so remove, and In consequence of said
appear before the Police Court, and they so
appeared, but no complaint was made
against them, and they there fore continued
In occupation. They deny that they have
INSTRUCTED said street. or have threatened TO
continue 10 occupy the street 10 the injury
or deiT1H ent OF any person; they further
deny mat thelr use OF the street IS unlawful,
or theil use OF - constitutes an obstruction
or Is public nuisance. They deny that
fenney < Co are the owners OF the hotel,
but admit that they are the Iessees and pc
fnGE fIannV 4 n nsNky 10 EN-
lease Nov. 1853, they (defendants) were for
long time In the lawful occupation OF said
street a. a hack stand, without complaint
nom any one They deny that PRr'ney & Co.
or their guests have been great . .1Oyed by
the stamping OF the horses, o. that the
nse OF said street by defendants has
or discomfort TO the said Tenuey &
Co, or will cause sickness. Tley
charge on Information ana belief that
1enIey & Co. have entered into an agree
ment with one Price 10 give Price a, the
Packing Of the guests OF the hotel, Price to
pay percentage thereon to Teaney * Co.
AM That under said arran cement the guests
are TO be charged greater price than Is
charged by defendants for tue same work,
afd lhsy ienney q 20, and Price are only
Injured In this respect. They assert that the
cOmp'ainsnts have a remedy al law, and
deny that such remedy Will involve a mul-
uplicity OF suits. They state that u. Ter au-
thority Of the charter, the corporation OF
washington passed an ordinance March 80,
1872, establishing portions OF certain streets
as uaCh STATUS, anu luaI ON street mas DSe0
used as hack stand under the la US OF De-
cember LIST, 1914, and April p, 1S2i. for at
least 10 years, and by some OF the DEFEND
ants for 20 years past. They further state
that on the I'D of August, 1867, the acts
aforesaid were amended by establishing ad-
d1tiOual hack stands among them: "On Gth
street west, north OF Pennsylvania avenue
and south OF Louisiana avenue that by tue
act of Congress OF February, ISL. il was pro-
v1ded that all laws OF the city OF Washington
not Inconsistent with that act, should be
continued In force until modified o. repaale ed:
that since the passage of the act of August
I'd, ls6I, said stand has been used, and that
they nave caused no more noise or disturb
ance tEan necessary, and that the greater
part OF the noise Is cauSed by the wagons of
knOx's express, whose Office is on the west
side OF Gun street. They state that the value
OF their hacks and horses is not less than
$4,000, and that many Of them are owners
OF real estate sggregating 500, 900, OF which
they pay taxes, besides license for their
hacks. They charge that the ordinances in
reference To hack stands have not been re-
pealeo, aud are yet in force, and assert that
Inc sct OF the legislature does not authorize
the BOARD OF public works TO interfere with
The hack stands then existing, and 10 was
not In the power OF the legislature TO dele
gate such power, and said act, so far as 10
attempts 10 do more than authorize the
board OF puolic works 20 des gnaJe additional
hack stands, was unauthorized ami void
They further say that the Commi ssioners
are simply executive officers, possessing no
iegislatiVe powers, and that all legislative
power heretofore vested In the District was
resumed by Congress when the act of June
OF June >ih by the Commissioners WAS an
attempted exercise of legislative power
which belongs exclusively 70 Congress.
THE DEMOCRATIC RATIFICATION MEET
nc Extensive preparations are being
MW N NH 80