National Republican., 1876-07-07
THE HAcKMENs TROUBLE.
Their Reuly to the Hotel Proprietors.

In the Equity Court, Judge Wylie, yesterday,
the Sixth-street hack stand case was coa.fnued
until today. The defendants, through their
counsel Colonel William A. Cook, filed the fol-
lowing answer: They admit the occupation of
Sixth street and the passage Of the act 81 August
q, 1870, by which the Board ofPublic Works were
empowered to designate hack stands; they deny
that the alleged orders of the Board of Public
Works Changing the lscation) werernade; and if
they were, they assert that
TWAS WITHOUT AUTHeHITY
and unauthorized AM void. They deny that the
Commissioners are the successes of the board,
and if he order in question was made by the Com
missioners they assert that IL was without author
i ty and void. They state that the notice served
REQUIRED them to remove TO Sixth street, below
Missouri avenue, which is between the public
grounds and occupied by the tracks of the Ealti-
more and Potomac railroad, over which steam cars
are continually passing and repassng, by reason
of which it would be impossible to keep their
danger of injury to said hacks, &c. the persons in
charge, and to persons passing and repassing.
They state that,
ACTING ON THE ADVICE OF COUNSEL,
they did not so remove, and in consequence of
said refusal some were arrested and required to
appear before the Police Court, and they so ap-
peared, but no complaint was made against them,
and they therefore continued in occupation. They
deny that they have Obstructed said street, or
have threatened to continue to occupy the street
TO the injury or detriment of any person. They
further deny thai their of the street is unaw-
full their of it constitutes an obstruction or
is a public nuisance. They deny that Tenney &
CO.:are the owners of the hotel, but admit that
they are the lessees, and before they (Tenney &
COY took the present lease November, 1879
they (defendants) were for q long time in the
lawful occupation of said street as a hack stand,
without complaint from any one They deny that
Tcnney 4 Co. or their guests have been greatly
annoyed by the stamping of the horses, or that
the use of said street by defendants has or will
cause annoyance, disturbance, or discomfort to
the said Tenney & Co, or will cause sickness.
They charge on information and belief, thet Ten
ney Co. have entered into an agreement with
one Price to give Price all the hacking of the
guests at the hotel, Price TO pay percentage
thereon TO Tenney * Co. and that under said ar
rangement the guests are to be charged greater
price than is charged by defendants for the same
work, and that they (Tenney x Co. and Pricel
the complainants have n remedy at law. and
deny that such remedy will involve a multiplicity
OF suits. They state that
UNDER Authority OF THE CHARTER,
thecorpOratiOn of Washington passed an ord-
nance March 20, 1892 establishing portions of GER
tain streets hack stands. and that sixth street
has been used as a hack stand under the laws of
December J. 1914, and April Il, 1921. for at least
forty years, and by some of the defendants for
twenty years past. They further state that on
the 22d of August. 1867, the acts aforesaid were
amended by establishing additional hack stands
among them: ''On Sixth street west, north of
Pennsylvania avenue and south of Louisiana ave-
nue. that by the act of Congress of February,
ISL, it was provided that all laws Of the city of
Washington not inconsistent with that act, should
be continued in force until modified or repealed:
that since the passage Of the act of August -,
1867 said stand has been used, and that they have
caused no more noise disturbance than neceS-
sary, and that the greater part of the noise is
caused by the wagons of kuON's express, whose
Office is on the west side Of Sixth street. They
state that
THE VALUE OF THEIR HACKS AND HORSES
is not less than 10000, and that many of them
are owners OF real estate aggrcgating 1900 900. on
which they pay taxes. besides license for their
hacks. They charge that the ordinances in ref
erence to hack stands have not been repealed, and
yet in iOrce. aud assert that the act of the
Legislature docs not authorize the Board of Pub
lie Works to Interfere with the hack stands then
existing. and it was not in the power of the Legis
lature to delegate such power and said act, so far
as ii attempts to do more than authorize the
Board of Public Works to designate additional
hack stands, was unauthorized and void. They
fur her Jay that the Commissioners are simply
executive officers, possessing no legislative pow
ers, and that all legislative power heretofore
vested in the District resumed by Con"ress
when the act of June 20. 1s74 was passed, and the
alleged order of June by the Commissioners was
an attempted exercise of legislative power, which
belongs exclusively to Congress.