National Republican., 1878-10-10
SAMUEL STRONG'S SUIT.
[Cniinnod ON 1nird pug.

ItDfluNucu on INNu tugt.l
you find from the evidence that he did thi,
work, and that he has not been paid for II
then he Is entitled To recover for H. If you
find from tho evidence that the Board Of Pub.
lie Works employed him to do tho work, and
that he has not been paid for II, then the Dis
trict OF Columbia IL bound for whatever ball
ance remains unpaid.
Tho same charge is given to you In regard 10
tho Georgetown work. If you find that work
was done by him, as proven to you.
Gentlemen of the jury, the law says that II
is tho duty of every individual to settle square
ly and fairly, and If he does not, that ho may
be forced to do so. II he Is sued aud answers
nothing, judgment by default goes against him.
If ho has property out of which that judgment
can be made by execution, II will be made by
process Of law, and must be paid over to the
plaintiff If the plaintiffs claim Is controvert-
ed, and II Is an issue made up to be tried by a
jury, the verdict, followed by a judgment, is
conclusive, II rendered on aiiirmance by the
tribunal Of dernicr resort. A jury must take
the law from tho judge sitting as a court. The
jury must try the facts.
The same rule obtains and governs at law,
whether the controversy is between two in
divduals or between two incorporations, or
between an individual and an incorporation.
charge You that the District of Columbia
Is but mere Incorporation, may sue and be
sued in its corporate name. If those who are
placed In the management of its affairs make
contract within the scope of the powers
granted IL, II Is bound by that contract.
charge You that tho Board Of Public Works
had the power to make the contract with Sam
nel Strong for the improvement and the com
forts, convenience, and wcll.being Of this com.
mercially isolated town, In the direction Of
streets, sewers, excavations, transportation Of
earth from ono prat Of the city to the other.
Thn 70 20 4 l. h.
do his work according to his contract? You are
'and charge you that II is the law bound 10
rise above every consideration except the facts
In the case. The hope of reward, the idea Of
favor, the expectation of the one party or the
other interfering with your rights rs honest
persons, must not control your independent
action as jurors.
You are bound to nobody. You arc ohl-
gated by your oath 10 take tho law from the
court but you must ascertain the facts.
Bring In a verdict for either Of the parties as
you find tho facts to be.
Ifyou agree with the special auditor in find.
ing as he did, the facts as To tho amount due
the plaintiff, which Is S32,ojS4l, he having
left by his report to the Codrt the determine.
tOn Of two questions, which II Is my duty to
charge YOU upon as matters of law, then you
are bound to iind for the plaintiff. Ify you do
not agree with tho special auditor In his find.
ing, you are bound to reduce the amount or
increase 1t, nA the evidence may satisfy you.
Now, gentlemen. n very important part Oi
| this case is. and which may aid you in coming
| to n conclusion without wandering over n large
| space, because 1t IL u question of dollars and
| cents, that you have to render a verdict. II
you render IL for the plaintiff, 1t must bo for a
| specified sum; if You render 1t for tho defend.
| ant, II is simply, 1--WE, the jury, find for tho
defendant: it docs not owe Mr.. Strong any
thing
Now charge you this: The law fsvors
what Is called arbitration; II ayors what IL
| called reference outside Of the public courts
to persons selccted by the court or by the
parties to come and make a settlement of the
| controversy between the parties.
In this case the parties agreed, eighteen
months aud better ago, that they would refer
this matter, as 1t was II matter of account, to a
special auditor; in other words, TO an arbitrator
or referee
Now, 1t Is the boundcn duty Of a plaintiff.
| or of either party, to make plain to jury
| where they appeal from the decision OF ref
| cree or arbitrator, that the auditor has erred
or else the auditors report shal! be by the jury
| confirmed.
| lie reports here, after an characterization. that
the plaintiff Is entitled in the sum Of S32, ,D3s.ll
| upon all tho contracts and uuuu all the work
| that ho did, as balance. But here is one very
| important question which hc did not decide
| anu u lN my tutN 10 lttltlt ". nave lhll
Gated It in writing II it appears from tn,
| evidence that he did obtain the cash value nni
| the market value for which these certificate,
were sold, aud that they aggregated S73,777O.29
then, as | have already charged You, ho is Gu,
| titled to that amount.
| | further charge you that he would he en-
| titled to interest On SluG,737.1O tho Who'll,
amount that is, II these certificates were o
| the value which these witnesses say they were
Then he would he entitled to interest on tn,
whole amount from December /, l-74, with
out going back and pcrpleXiug the mind. be
cause all tho work had been done. all til,
| certificates had been passed, all the losses wrrt
| incurred and If you lind from the cvilcnr,
| s3?Ojs.ll to he correct yuu must add those to
gcthcr, and 1t will make SlG. 1910.
charge you as the law, tie difference n
proved to you between those certificates and
the lawful money of the United Statcs-i
you find that to he SlC6, ,131.7U-you must spc
city that in your verdict. II you ind il I,
be 100000 or $4,000, you must say that W,
lind so and so, with 80 much interest from
such q date. That charge you as a matter o
| law.
Gentlemen of the jury, do rot forget n yer,
| important part Of this charge, and that J.
| that the law favOrs arbitration, aud that II
| must be made clear, SO that no mist can III
| thrown around it to show that the auditor ha,
| erred.
Gentlemen of the jury, take the case.