The Baltimore County union., 1882-04-29

from the grade IN tho county until the city grade
10 established.
"That they delayed the completion Of the ave.
nue. because, in their discretion II was wise they
preferred 20 wait for n mandamus from the Courts
rather than 20 ahead and thatthc parties In inter-
est had recourse TO the Courts, and not properly
redress from the Legislatare."
Your petitioners submit that the Examiners
have never replied In any such language or as
suined any such position as the committee have
been pleased 20 aseribe TO them, either In their
statements, marked Document c aud =, or In the
testimony.
That the avenue could, az n principal nf engi-
neering and construction, be finished 20 within \
few hundred feet Of the Baltimore and Potomac
Railroad without reference % the grade at that
point the crossing Of the railroad without refer
ence 20 the grade at that point or the crossing Of
the railroad by bridge Is bat common sensc.-
And In connection with the statements Of the Tx.
aminers, marked Documents G and 4, let the Ex.
aminers In their testimony upon the subject, speak
for themselves.
Mr.. Johnson asked-"IIow long would IL take
10 finish the road" Mr.. Carman-"If We had the
money in hand we could finish the road In ninety
days good weather." Mr.. Farber asked-"In
what way does this qustion Of grade prevent the
completion ofthe four hfths ofthe avenue
not Affected thereby" Mr.. Carman-"we have
said that the question 6f grade sismsut that
had entered into the question o( collections, aud
had prevented the same To a considerable extent.
II all the money for benefits were collected there
would be no trouble about finishing the part Of the
avenue not affected BY the grade" Mr.. johnson
asked-"would the assessments be enough TO I'm
ish the avenue ?" Mr.. Carman-''They would"
Mr.. johnson asked-"Arc the reasons why you
have no, done any work embodied In these pa
pcrs?" documents c and E.l Mr.. Carman-"Not
fully. The Act, as we understand II, Is for the
completion OF Edmondson avenue as originally
contemplated. We recognize the Act nm en-.
trtiy, and that could not use the funds for the
completion Of any part Of IL until We knew the
amount Of funds In hand, so that they could be
properly distFibated on the different portions Of
the avenue for it, completion" Mr.. Greenfield
asked-"Is IL your intentions TO collect these as
sessments at once aud proceed 10 complete the
avenue" Mr.. Carman-"It Is our intention TO
eorc, the assessments at the earliest possible day
that can do so. looking 20 the best interest OF
the avenue and it, completion. There l. n differ
ehcc Of opinion as 20 the course that should be
pursued by the Examiners pending the question Of
grade the Examiners believing that the question
could he settled by mandams.. We are ready aud
willing 10 pursue such a course as the parties In
interest may ask for through the courts" Mr..
Greenfield il the cause ofthe dclayl''
Mr.. Carman-"Pendingt the question Of grade We
have not deemed IL be.i for the interest and sue
Of the avenue proceed be coercive measure."
Your petitioners submit that the Examiners
never denied or questioned the right and authori
~ OF the Legislature or said that they preferred
60 wait for siaHda."' from the court rather than
60 ahead"
Ea, he Examiners did submit in their statemen,
marked document G. that "the parties in interest
were not outlawed by the Act Of iSsO, Chap. II3
that the Examiners we're amenable TO the court by
mIHdaH'Hs; that this would be a proceeding in
which all parties in interest could be heard accord
Ing TO their respective Interests but Il would no,
afford individuals Of large pre,cnsions and no in.
tercs; an opportunity to figure that IL the parties
In interest had reason 10 believe that there
undue tariiness, tavOritisn. or irregularities of
any kind upon the par; Of the Examiners. in our
opinion the courts, and not the Legislature Of the
State would be the proper tribunal TO examine in
90 the matter; but the Legislature in its wisdom
decided otherwise. and We are not ready 60 have
full fair, and impartial examination of our pro-
ceciines aud the circumstances under which
acted for the completion of EimOndson avenue"
Aud the Examiners did also lin Mr. Carman's
testimony shos that there difference e
opinion o. the course that the Examiners should
pursue, pending the question Of grade. and which
fact has been fully and clearly .ubstAntiaied by
the testimony of Messrs. Swan, Abeli and johnson.
And your petitioners further submit that this
proceeding. in their opinion, IL without precedent.
aud IL the practice Is inauguratei of one General
Assembly entering upon Investigations and 10 send
for persons and papers and examine witnesses
under oath. explain and enforce laws Of previous
session without the parties agIrievci attempting
in any way 90 have such laws construed and en-
forced by the cou'ts. on the grounds THAT the
courts. with their delays and expensive li,iga,ons
not the proper refuge of those agrieved by the
improper execution Of any Act" IL will Certainly
be a new, dangerous and expensive departure in
the Legislative Department Of the State.
Your petitioners submit that ''ihe testimony of
nearly all the witnesses" don't "show that the road
shoaid have been finished long ago. at least to the
point where IL crosses the Baltimore and Potomac
Railroad. aud that even the very witnesses relied
on by the Examiner. Messrs. Baker. A. :. Abel.
Wilson aud johnson
The Examiners never attempted 20 show or re
lied upon any witness or witnesses 10 prove that u
was not desirable 10 have the avenue completed.
and IL should not be eonsidored remarkable that
IL upon general principles everybody who had
toward an improvement. the proceed
ings for the condemnation and opening Of which
commenced in 1878 should think that il ought 90
be finished b. lsS2.
But the question l.. should the Examiners under
the Act of isSO, who were in existence but little
over twenty months. up to the time Of the Gem
meneement Of the present investigation. he held
responsible for this long delay and the non.com
pletion of the avenuel
Your petitioners submit that apart from the
question Of grade and the crossing of the BAlti-
more and Potomac Railroad by bridge as lorigi.
nallyl contemplated, that the examiners proposed
e. lay the foundation by the hfth question asked
Mr.. Friek. land which objected to by Mr.
Glenn and ruled out by the committee,l TO prove
By Mr.. frick. who Il not only deeply interested in
the construction Of Eimoadson ayenue. but Il u
lawyer Of etBinence aud ability
That the Ac, Of 1850, chap. 3s5, contemplated
the completion of the avenue as an entirety, and
no; by pieces.
That the Examiners, under their bonds, would
not be justifablc In expeniing assessments col
iected from time TO time on portions Of the work.
and run the risk Of no, being able to collect the
remaining assessments so as TO complete the bal
af he a. fnl hV laW
That the parties In interest were not outlawed
BY the Act Of lssO, chap. as, and IL they had
son TO believe that there undue tArdiness. ia
voriteism or irregularities Of any kind upon the
part Of the Examiners, that the courts were open,
with full and ample powers to inquire into and ad-
just the matter.
The allegation Of the petitioners. Mes,rs. Glenn
and others, that, "Your petitioners further show
that they get no satisfactory statement Of the
mode In which the sums already collected have
been expended" like many Of their other allega-
tions. has no foundation In fact. Mr.. Swan said.
81 never asked for any information did not get"
Mr.. Abcil-"I always obtained any Information
sought for" Mr.. Baker-"I have never had any
difficulty in getting any information In reference
20 the expenditure Of the money. inasmueh as
have never asked the question" Mr.. kerr-"I
never asked for any statement ~ 10 how the sums
collected had been expended. l have repeatedly
asked how much money had been collected and
what individuals had paid the assessments In
whole or in paIi and have always got the informa-
tion. The only person who ever had any trouble
upon the subject was Mr.. John Glenn, who pays
nothing. Hear him; III made application direct
to Mr.. Carman about these very funds and have
never until TO day known the amount actually col.
lected by him or the amount actually expended.
found him unsatisfactory. and. AFTER making
me positive promise. 90 unreliable. that stop
ped communicating with him on the subject."-
Mr.. Carman-"Did you ever ask directly for =
statement of the amount of money collected and
expended ?" Mr.. Glenn--"I did ask directly for
the amount, aud Of money collected, but finding
that could not get that stated accurately did
not ask any further. I asked for the amount of
assessments due aud Mr.. Carman refused TO give
them. stating that he did not wish TO have them