Evening star., 1877-11-19

RI PORT OF THE LATE ATTORNEY.


number OF questions of law arising in the
administration OF District affairs during the
past even months has been very great
This is unavoidable in District goveraed
by the most mixed system OF law known in
the United States.
TWO IMPORTANT DECISIONS.
In the case of Ballard pavement Company
aRt. the District, decided in general term, 1t
was held in effect that no person claiming
under contract with the board OF public
works can recover from the District, unless
his contract WAS in writing and sigaed by the
parties thereto, as prov Ided by the organic
act Of 1871. This decision put an end To the
indefinite claims for damages made under
"awsrds" and other unprotected agreements
for street Improvements made oy the board
of public works.
Ry the decisions in the cases OF the Pothier
& Siymus manufacturing company agt the
District, garDishe, and Brown agr. Finley,
the District garulshe. The exemption of the
District from the gaTDishe process to reach
It's hide btedDess TO contractors, has been def
initely established.
Tnete decisions relieve the District from a
great amount OF litigation, in which Ii hal no
direct Interest and which was of a paculiar-
Is harassing character, the suits being mum
erous, frequently for disputed amounts, and
the amount due by the District TO the coa-
tractor being often unascertained by meas
uTernent, and dependent upon the amount of
future repairs the exemption of the DistIict,
on grounds OF public policy, from levy of ex-
ecutiOns on property devoted 10 public uses
and also from garDishment, will greatly les.
sen the business OF this Office.
CAMPBELL AND MURrAGH SUITS.
In the case of Campbell agt. the District,
the doctrine that an agent created by statute
of the municipal government cannot bind
his principal by an &C, transcendiDg his stat
uiory pow ers was insisted upon in behalf OF
defendant The case has been dropped from
the calender. The suit of Murtsgh agt. the
District for nearly $50, 900 for printing the de-
linquent tax list was defeated after a warm
contest Although appealed 10 the General
Term, 1t is practically disposed OF.
SAMUEL STRoNG'S SUITS
against The District for about S2i0.ObO ani in
terest are stIli pending Evidence covering
over a thonsand pages. including many t.
Dies, &C, &c, has been taken before the spe-
clal auditor. Tne case should be fully ar
gued before the auditor, and a careful AMI
exhaustive brief made It involves more
varied and important questions of NUM-
cipai law than any other I'm which the Dis
trict Is interested He says: Il commend
the case 10 your particular attention. In my
opinion The claim has no merit whatever,
and should be s'renuously resisted. Mr..
Strong was not only paid, but overpaid for
his work. A part of 1t, for which he was
paid over Sgi zoe. was done on private
houses; II was work which the Board of Pub-
lie Works had no right TO do at the expense
of the taxpayers of the District; AMI this
was well known to the plaintiff"
DISTRICT PEOPLE No CONTROL OVER THE
STREETS.
Several suits against the District for dam
ages from falling into excavations have been
tried. For the amount of damages paid 0y
the District In the Barnes case, decided in the
the baltimore and Potomac Railroad Com.
pany, which had made the excavation into
which plaintiff fell, as liable over 10 The Dis
trict, and L promptly brought suit against
On no sound principle can the taxpayers Of
this District be held liable to pay for rdamagas
received from falling into excavations, since
the people OF the District ceased TO have any
control over the local government. Respon-
sibiliiy for these damages cannot be separa-
ted from the power to make repairs of the
G Sfrnn Strn. rs,..1
OF this District has no more power To make
repairs of the streets in Washington aud
Georgetown than IL has OF those OF New York
city. AS the power is now exercised eXclu-
sively by the United States AMI It's agents.
the respOns biiity should follow 1t.
ENORMOUS CONSEQUENTIAL DAMAGES.
The case of Schneider against the District
brought up The question whether The District
Is responsible Tor remote or consequential
damages caused to private property by tue
grading of streets; bat owing TO the absence
of plaintiffs counsel the hearing has not
been had a. the present session. Tne aggre
gate or these claims is enormous, nine tenths
of them are OuIlawed, and tue courts have
uniformly held them III egal.
HIDWELL'S BOTTOMS.
In 1879, one HI twell oblained from the Sec
re'sIy OF the Interior a patent for forty nine
acres OF the fats, lying north of the Long
Bric5e. respectfully suggest the pToprieCy
Of recommending to the congressional com
nittee on the District legislation To- author
lie legal proceedings, III behalf OF the UIited
States, 10 snnul the Kidwell patent; also 10
obtain posse ssion of such portions OF the
Water street front. on the Potomac, as have
been unlawfully taken by individuals. re-
gard the right of the United StJtes to the
wafer front of that street az indefeaslbie. No
decision has been reached IN the pending
cases In which the rights of the UUiJed
states 10 the W ater street front are lnciden-
tally involved.
THE GFoRG ETuwN WATER CASE.
Mr.. Welsh agt the District, an equity case,
he claim is made that, by virtue OF con-
ract with the United States and the city OF
Georgetown, the proprietors of large num-
Der OF lots in that city are forever free from
laXes, for the use OF the Aqueduct water. A
full answer was filed on the part OF the Dis
irict. The coult, Oh argument, refused the
INJUNCTION Deylaerate lie and there can be no
doubt that the courts will sustain the statute
extending over Georgetown the water tax
ordinances.
AMENDMENTS REQUIRED IN THE LAWS
GOVERNING THE DISTRICT.
RefereIce is made to the official reports of
the attorney for 1874 . and 1o76, and the same
suggestions are renewed. few required
amendments have been constantly Suggested
and may be briefly stated as fOllOws:-1. Toe
municipal laws should be consolidated, re-
vised and cOdified. The general laws and
revised statutes should be cOdified. 3. Toe
building regulations should be enacted into
law. 4. The tax laws should be revised aud
consolidated into one. 8. The laws taxing
occupations should be revised and consoli-
dealers OF all grades should be largely in
creased, and that on hucksters and ishmong.
ers should be Unfinished. The police should
have power vested In 1t to verify by exami-
alton OF premises sworn cha:g ges of unli-
censt d liquor selling. 6. Aprac.ical remedy
should be provided by law for the prompt
abatemen OF nuisances. Z. The evil OF al
lowing cattle to be driven through the streets
should be forbidden by law. $. The landlord
and tenant act should be revised. 8. y law
should be passed defining how land In the
county may be condemned for road Purposes.
10. The equitable system of assessments for
sires, improvements should be adopted. II.
The system Of managing the public wharves
should be defined. I2. Some periOl should
be fixed within which criminal AMI civil
cases should be brought TO trial or dismissed.
Is. The District should be relieved from de-
posting costs in advance and from giving
bonds on appeal to writs of error or csrtiorari
Amusenents
National Theoter.-The famous tragedlan,
John McC ullough, will appear this evening
as "Oihello," in which role he has few If any
superiors. MIR. Mccullough appears heJe
after an absence OF two years and during his
engagement he will undoubtedly attract
large audiences nightly. Miss Eleanor Ca
rey, Miss Octavia Allen, and Messrs. Levick,
James and flanagan will afford a support