National Republican. (Washington City (D.C.)) 1872-1888, 1878-02-26

IT.
On motion Of Colonel William A. Cook, c. c.
Cole, esq, Of West Virginia, was admitted TO the
bar.
United States in relation OF Thomas p. McManus
". Moore, BristOw ct nj. This was an application
fIr mandnmuS To compel tho return to tho United
States OF certain amount Of money alleged TO
have been obtained from the United States Treas
ury on fraudulent claim ny conspiracy. Justice
Humphreys delivered the opinion Of the court
that the court which heard and passed the claim
was in every way competent To hear and act upon
the case In every particular. Until that court has
had this case laid before II In the usual recognized
manner. and taken some action this court would
not Interfere. The judgment! below was affirmed
The baltimore aud Potomac Railroad COMPANY
V. Hugh J.. Gallagher ct al. In the month Of
March 1870, the complainant exhibited It's bill in
court praying an injunction against the defendants
TO restrain them from excarRtng beneath the line
Of is rad In order To construct the sewer known
~ the "Tiber Greek sewer" unless proper supports
and projections should be constructed by the de-
PENDANTS.
on or about September p, 1874 the late BOARD of
Public Works Of this District entered into a con.
tract with the defendants to excavate flr, build.
and complete the continuation Of the Tibcr Creek
damages arising out Of the nature Of the work To be
done arising ron any unforeseen obstruction ~
difficulties In the prosecution of the same should
lie sustained by the contractors.
The sewer In question passes under the tracks OF
| the complainant where they cross south Capitol
street and IN order To complete the said improve.
beneath the tracks which. without great care snd
expense would have endangered the transit Of
trains md the transportation Of freight and
gen over the railroad. II was necessary 10 con-
struct temporary supports for the tracks along and
over the excavation and also 10 construct arches IN
| sustain the tracks permanently afcr the sewer
| should have been competed. dispute arose be.
| tween the parties touching the burden Of the OK.
pcnse necessary TO make these Temporary and ner
InanCut supports. Thereupon the bill was filed by
| the complainant and temporary injunction oh.
tanned. The court, by its order passed the 18th
al II tod th..
srIrt thGt portion Of the sewer lying beneath the
tracks Of the railroad, under the supery slOn and
direction OF the engineer of the complainant, and
TO furnish the temporary supports for The tracks
during the construction Of the sewer under the SUI
pervison Of the engineer in such manner ns not to
interfere with Obiruct the transit Of trains dur
ing the construction Ofthe same and in such n
manner as u provide a safe transit for the trains
after the completion Of the said sewer II wns also
directed that the contractors should keep an accu.
rate account Of the cost of constructing and main.
tanning the temporary supports while the said
sewer Wa hcing constituted and Of the additional
cost Of the sewer beneath the said tracks necessary
to render the sno sae and proper for the transit Of
the trains aner It's completion. The question as TO
the liability for the cot Of the Temporary supports
Of the tracks, aud the additional cost Of the sewer
lIequrrd To render the tracks safe and proper for
the future transit Of the trains Of the company aer
| the completion Of The improvement, was reserved
for future determination. Aterward the cause was
| referred to the auditor 1.-THE court to determine
the amount of the expenses for the said work pro.
Nidcd for by the order mentioned The auditor
| reported the c,Ist to be H. li7il.
| The cause Gherward came on for final hearing
and decree was made by the court on the 5th
day Of April 1877, sdjudging that no part OF the
cost Of constructing such temporary or per
msncnt supports Of the tracks made necessary
by the building OF the sewer was properly charge.
able H. the complainant, and that neither Of the
he"n,lants, the contractors nor the District of Co.
| lumbia had any claim against the complainant
for such expense. From that decree an appeal
was taken by the contractors and by the District Of
Columbia.
The question arising in the case for determine.
! tiOn Is this; is the railroad company bound to
bear the extra expense, or any part OF H. caused by
the erection Of temporary and permanent supports
| aud arches necessary to sustain the tracks where
they pass over the excavations made for the
sewer?
The company contends that no part thereof can
| properly he charYeabie TO II
Argued 10y Mr.. Totem for. the company, and by
| Mr.. Riddle for the defendants.
Justice Olin delivered the opinion OF the court To
the effect that the Equity Court had no Jurisdiction
| and reversing the decree made by the conrt'belOw.
II was ordered that the appointment Of a cOmpc-
tent engineer bc made To taks testimony Of the rea,
sonabic cost Of constructing the sewer, which will
be borne by the contractors, and all expense over
| that by the compninAnts.
| United states IS Lemucl weeden. Colonel Cook
said al the request OF the defendant he desired u
withdraw his appeal, which the Court allowed
| Kemp VS.. Orient Fire Insurance Company. Man
date Of the supreme Court Of the United States
| filed Mr. Ewell A Dick was appointed United
States Commissioner. Adjourned until Monday
| next.
| EQUITY CoURT-JUsTICE MACARTHUR.
| White vs.. Drnnc; referred 10 auditor 10 stat,
trustees account Brown vs. Dyer Ct al, order II I
ing time for taking testimony T. :. and 7. Com
matter Of Spccser authority To mortgage interest Of
minors Phoenix Mutual Life Insurance Company
W.. Grant; hearing continued.
PROBATE COuRT-JUsTICE oLIN.
In r. estate Of James A. Riley, deceased sccoun
OF sales Of personal estate returned IN r. will nj
Ellen :. Clark petition Of John W. Clark for vacat
lug Of order Of sale and surrender of property i'm
properly returned on the inventory. mr. estate o
Int