The Baltimore County union., 1882-04-29

Your petitioners submit that there arc only eer-
| tain modes BY which the committee, the General
Assembly Of Maryland, or anybody else. could be
Informed Of the extent and character Of the work
70 be performed by the Examiners under the Act
Of 1850, chapter ii3, and the necessary aud prop.
or cost incident thsreto-irstiy, personal know
ledge Of what vas required and done secondly,
70 be informed by and through the knowledge and
Information Of experts upon such matters, or by
reference to and eonparison with other aud similar
| work.
| The testimony Of Mr.. Cox, who 10 an expert,
land who would have been endorsed BY Mr. Will
iams, another expert,l has been given but Mr..
stiefel who, owing to his position, necessarily had
knowledge and information upon such matters and
OF work Of a similar character. was not permitted
| 70 testify. And now your petitioners propose, In
order 20 give some idea Of the extent Of such work
and the time required and the cost and expense
Incident 10 the same TO give brief history Of some
Of the proceedings In the matter Of the Edmond
son avenue prior TO the Act Of 1850 and under said
a 5 sssossis ss e'ss sbs
same section of the county as Edmondson avenue.
prior 20 the Act Of 1876, chapter l0l for Its CON.
plsti0n and under said Act.
An examination ofthe two Acts will show that they
very similar in their provisions 10 the duties
ofthe Examiners, &c,up TO the time Of makr their
respective reports. 4e., and the 6nal ratification
and confirmation of the same wilkins avenue by
the County Commissioners and Edmondson avenue
BY the Circuit Court, &c. Andboth Acts allow the
Hxaminers 80 per day.
An examination ofthe reports, proceedings. &c..
in the Office Of the County Commissioners of Bal
tmore county will show
That on or about the 5th Of February, 1873, the
County Commissioners of Baltimore county order
ed the Street Commissioners TO proceed 20 condemn.
open, grade and construct Edmondson avenue
And the Street Commissioners made their report
Of the damages awarded and benefits assessed for
the same 10 the said County Commissioners about
the Sd Of December, 1873. Objections were made
90 some Of the assessments. which the County Com
missione.s heard and finally ratified. and confirm
cd the report Of the Street Commissioners about
the 2sth Of September. 1874. And number Of
appeals were then taken TO the Circuit Court.
The frst assessments for benefits collected were
paid to the County Commissioners about the 2Sth
| Of April, 1875.
The work, grading. &e.. was put under contrae,
| about the cath oi May, 1875. aud was commenced
| In June Of the same year, and the contractor dis
| continued and abandoned the work In July. 1877.
In the case Of OBrien Co. W. the County Com.
missioners Of Baltimore county, (ji Maryland,
| ls7s-9.) Chief Judge Bar,ol. in delivering the
| opinion Of the Court, said "In order 90 under
stand the question raised by these bills Of cxeep-
ton IL Is necessary TO refer 20 the proceedings
| laiing TO the opening and condemning Of wilkins
avenue as they are disclosed in the record. These
are sueeinetly and correctly stated in the appel.
lAnts' brief as follows: la June, Is72 certain land
owners residing in the First aud Thirteenth Di..
trict Of Baltimore county flied petition under the
Act Of lS1s, Chapter 500, the then existing road
law Of Baltimore county, asking for the opening Of
Wilkins Avenue from GWynns Falls. near the city
limits, TO the Rolling road. distance of about
| three and n half miles. This petition took it,
proper course under the Act Of 1870, and on the
| 18th day Of May, ls73. the proceedings
| finally ratified and confirmed by the County Com.
missiouers, and wilkins avenue was declared 60 be
public road 10 Baltimore county. No appeal
Al. -
ded by lay by any of the parties In interest and
| contract for the construction of the avenue was
duly made with the appellants. They proceeded
10 construct the avenue. and completed about twO-
thirds Of IL at of $50 600 or $40 600, and the
county bull, large aud expensive bridge across
Gwynn's Falls
In 1876 an Ae, was passed by the General A..
sembly. chap. l0l. to provide for the completion
Of wilkins avenue, and by said Act "john C. tIol-
I land, Daniel J. Mecauiey and Columbus J. ship
ley were appointed aud constituted = Board of
Examiners aud Assessors, with porer aad authority
~ ths'sscres, in OF refusal TO act. resignation
death Of any Of their number. to Gil such vaean-
ey or vacancies, so rs always to eonsttute board
| Of three" 2e.
IL appears that the Ae, for the completion Of
wilkins avenue was approved March 23d. d.isT6. and
| Messrs. Holland. MeCauIey and shipiey entered
| upon the duties sometime afterwards, and made
their frst report and fled plat 4c., with the Coun.
| ~ Commissioners on the 10th day Of July, 1876.
on the sth day Of April, 1879 the County Com
INSIST ners referred the report plat, &e.. hack to
the Board of Examiners and Assessors for altera.
ton and correction, and the said board reported
the proceedings. &e.. as altered and amended back
| TO the County Commissioners on the :ith day of
June. 1879.
Thus II will be seen that in the FIRST proceedings
| for the condemnation and opening Rdmondson
avenue the Street ssionefs three in number
were from the 5th Of February, 1873, and the time
| Of making their report. 4c.. 10 the County Com
missioners. December I'd, 1873. engaged about ten
months in the discharge Of their duties.
And that the Road Supervisors three in mum.
berl were from June. ls52, TO the 18th Of May.
ls.3 the time Of their report. &e., to the County
Commissioners, engaged about twelve months in
their duties in the drst proceeding for the conde
nation and opening Of wilkins avenue.
| Thatthe Examiners, Messrs. Carman. Rider and
Brady, under tho Act Of 1850, chap. 4i3, for the
| completion Of Edmondson Avenue, were engaged
In the discharge Of their duties, as set forth In
Documents aud T.. and in the question TO Mr..
Cox (see pages 10 and 81 } from the 2tst day Of
April 1850, 10 the time Of the final ratification aud
aud confirmation Of their report, plat and profile.
by the Circuit Court, 4c., September 2sth, 1850.
both days included. Eve months and few days;
| the average time Of the Examiners being &c days
each, and the cost for the same s6st00.
And that the charges and cost Of the ExAminers
| and Assessors, Messrs. Holland, McCaulcy and
Shpley In the matter Of the compi Of wilkins
| follows;
From the time Of the approval Of the Act Of 1875,
10 the time Of making their FIRST report, &c. 20 the
County CommissiOnsrs. July 10th. is76. vas s6.S.-
3s. and for work from April sth 1879. to Jnne ?i,h
| 1879, In the matter Of their second and amended
report vas s2oi.oo. making the total amount paid
TO Messrs. Holland. Mecauiey and shipley By the
County Commissioners for per diems from the time
that they 0tersd upon their duties, under the Ae,
Of 1879, mil their report, plat, 3c. was finally
ratified and confirmed by the said County Com
missioners ss76 sc.
The Examiners, &sssrs. csrmsn. Rider and
Brady, paid wm. II. Shiplsy, engineer on Ed
| mondson Avenue, for services rendered up 10 the
time Of the hnai ratification Of their report, Ae..
| By the Circuit Court sS67.oO.
And the County Commissioners paid Messrs.
Laing a Rousey, engineers on wilkins avenue, for
services rendered for Messrs. Holland. Mccauiey
and Shipiey In the work Of their Grst report s529
-, and Tor services in their second and amended
report sSl.00, making . total Of $5so.52 paid for
engineering up 10 the time Of the hnal ratification
and confirmation Of the reports, Ae., By the coun-
~ Commissioner.
Thus the cost aud expenses Of Edmondson ave
nuc, from the commencement Of proceedings under
the Act OF 1850. chapter st3 advertising except
sd.) up 10 the time of the FINAL ratification and
confirmation Of the report plat 4e.. By the Circuit
Court. &e.. vas for Examiners, s6si.06 Engineer.
sS67.eo; Total, $i,2si.oo.
And for wilkins avenue, advertising excepted
the County Commissioners giving al Of the no.
tiees and paying for the same) mp TO the time Of
the Gnal ratification and confirmation Of the re-
ports, &e., Of the Examiners and Assessors BY the
County Commissioner, was Examiners, sS16.36;
Engineers. $sso.33; Total, st,ts6.6s.
The cost and expenses for Messrs. carman. Rider
and Brady, IN the Edmondson avenue matter.
latter the hnal ratification Of the reports. &c.. by
the Circuit court) from the 2gth Of September,
| 1850, TO the 2ith Of December ,issl-a period Of
about hhsen months-was $i.l22o0. In which
time they gave bonds, made up bills and notices.
and delivered the same. and collected sil,ts3.l7.
Aud BY personal applications and BY letters and
notices urged dsllnausnsst pay their asss.smsn,s