Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-06


engineer fer the District, arrived here this
II - Gay IN conference with Lieut.. HoXe, can
vassinG tie duties apperaining TO his Office.
REPORT or ATTORNEY RIDDLE.
District AtJGrne! Riddle has transmitted 20
the District Commissioners report Of tie
transactions OF his Office, in which he states
tsat the partial report OF July was made for
TIE purpose 81 bringing 10 their notice some
idea OF the business OF the office in connection
with the question Of compensation, in which
very little was said as 10 the details OF business
necessary for the general information OF the
COMMISSIONERS. Continuing the history Of the
cases spoken OF by his predecessor which were
nndisposed Of and in which further action has
been had. he commences with the case Of Camp
bell which was restored to the calendar. The
court helG mat twas proper case for refer
ence under the rule authorizing the court TO
Ieler cases sVa Slohte, and referred it. The
case has since been argued. but the referee has
not Yet reported his finding.
2. The Murtagh case was not disposed of by
the former trial. II was taken by plaintiff 10
the general term on his exceptions argued and
i one question of much gravity arising on the
instructions OF the court to tie jury given as
prayed for by the defendant.
3. The Strong eases. The evidence on both
sides was printed, making $40 pages after fun
presentation. The special auditor reported in
favor OF the plaintiff the sum Of s32 Al, with
interest from December |, 1874. On coming In
of this report, both parties excepted, under an
old Maryland statute. The issues thus formed
were TO be tried by jury, and the case was
continued from the 18th of July to september 10
for trial. On attempting TO resume 1t grave
difficulties arose, growing mainly out or the
gross and continual intOXcati0n OF the Judge
holding the court. In this condition written
stipulation was made by parties and counsel
at the urgent request OF the plaintiff and his
counsel in effect to withdraw from the trial,
and that any order made by the court in the
case thereafter should be set aside. At the last
moment the plaintiff violated the contract, pro-
ceeded ca parte, and took a verdict for S130,O00.
The proper steps were taken to secure review
of that trial, and to enforce the stipulation re-
ferred to. The undersigned feels no apprehen-
sion as to the result.
OF the cases pending in the general term that
OF Dant for injuries from fall into an eXcaVa-
ton resulted in reversing the judgment against
the District. At the present term of the Cir
cult Court. under instructions, verdict was
rendered for the defendant pro f0fna. The case
OF \ Dung, also for similar injury, the iudg-
ment was reversed, ard the case is now set for
trial at the present term. The case OF Schneider
for special damages TO property, was stricken
from the calendar. In the case of Nelch II re-
strain the collection of water tax, decision was
for the District. IN case of Washington and
Georgetown Railroad company against the Dis
trjct demurrer to declaration was overruled,
and have filed pleas. The cases OF Chinn,
Meredith and Iline against the District were
cases i'll which j was concerned for the plain
tifs. General Brney kindly consented to
Look atee the eases for the Tho District
the Baltimore and Potomac r. r. Com
pany against Gallaher. Loane & Co., and the
District. the decree OF the court against the de
PENDANTS was reversed. The case Of Draney
against the District was decided in favor OF the
defendant In the case of CluSS against the
District. the Judgment OF the Circuit Court
against the defendant was affirmed by the Gen
cral Term, and the case taken on error to the
Supreme Court OF the United States. In the
case OF the District against Lord, the appeal
taken by defendant was dismissed. In the case
OF the District against Gavin, decree reversed
and bill dismissed. The cases of Hill and Elliott
against the District were decided in favor OF
the defendant In the cases OF District against
keyeS and Thompson. appeals were dismissed.
In the case OF the property owners of 9th street
against the District, the decree OF the court
below was reversed. and Plaintiffs gave notice
OF their intention TO appeal to the Supreme
Court OF the United states OF this matter il
may be said that the fears Of the property
owners have proved utterly grOundleSS. There
is not more orderly place in the city, nor one
less offensive 10 the eye. Many cases have been
tried in the Circuit Court. under alternate sue
cess and reverse. Most of them are to be re-
viewed on exceptions. Four cases We're COM
menced 10 subject 10 sale lands purchased by
the District at tax sale under the statute OF
March 5, 1871. all OF which resulted favorably
j have heretofore. for grave reasons made
known, desired change in that statute. Which
claim OF the utmost importance, as affecting
the titles of real estate. This provision will be
contained in the draft OF a general bill now in
preparation. BY not exact estimation to ex-
ecute the provisions of the statutes referred to
would require the institution OF, say 1900 cases.
which would call for the labor of a dozen com
petent law clerks for years. an advance of cash
Tor costs OF from $4,000 TO 100000 large in
crease OF clerical force in the courts, and a
sweeping ruin TO the prOperty-hOlderS OF the
District. IN view OF all the consequences Sug-
geSted, be- TO propose that Congress be asked
by law to provide that for all general taxes in
arrears. for ncn-payment OF which these sales
have been made and perhaps for all in arrears
permitted 10 redeem and be fully dis
charged from all penalties and forfeitures
upon the payment OF the original taxes
and 8 per cent interest from the time due.
This would be large relief, one of real bene-
hceEce. almost as much needed by the District
Itself as by the small property owners. In the
Criminal Court IL cases on appeal have been
tried and fines to the amount OF Sl.25G74 col
lected. In the Police Count 3.I39 cases have
been tried. ThiTty-seyen new civil cases for
and az ainsi the District have been commenced
There are now pending $40 cases II which the
District is party in the various courts. The
cases of Mattingly and Shoemaker pending in
the supreme Court Of the United States and
argued in most elaborate briefs at the close OF
the last term are by an order OF the court to be
re-argued. One OF the embarTaSSmentS in the
trial OF the District cases arises from the fact
that nearly all have arisen from transactions
under the former government to which we are
all strangers.
The attorney states that he has furnished 40
Written opinions and his assistants Il; exam
ined 80 cases, and endorsed short opinions on
the papers; prepared many bills for the action
of Congress: attended many times before COM
mtteeS OF the TWO houses. &C. Within the last
six months heshaS given the necessary attention
to the draft of bill which is intended to cover
the whole field OF municipal law for the Dis
trict. The work Is in satisfactory progress, and
hopes 1t will be in condition to be laid before
the commissioners in time TO be sent to Con-
gresS after the holidays. This draft will en-
body such changes in existing laws as he would
recommend.
Referring TO his informal report of July the
attorney suggests that Congress be asked to
place this office on a more liberal footing as to
compensation. The duties cannot, in his judg-
ment. be properly performed by a smaller
force than at present employed. The attorney,
who properly attends TO his duties, cannot do
other BUSINESSMEN business will not seek
nee compels him TO retain such business. il
possible. The attorney should be paid at least
So,"sl- The first assistant who takes charge of
the appeal cases, &c, should be a lawyer who
can tly any case In any court above. The Dis
trlct often has cases in the Equity and Circuit
counts at the same time. and then should have
al least TWO attorneys, either OF whom are COM
petent 10 the trial. A man competent to this
duty should receive at the least 81 100 per wear.
and the attorney for the Police Court Should
have 81 100. SO should the very comoetent
law. clerk, who must necessarily be lawyer
The present Incumbent is Il very young man OF
wide knowledge and experience in the business
OF the office and should be retained, He slg-
geSts that Congress be asked to appropriate
$4,000 for the compensation OF the attorney
his assistants, clerk and messenger There is
no branch OF any government which secures so
much legal service as the District requires for
the amount $4,000. The abolition OF the board
nft linz ~ hoo al,Als.