The Baltimore County union., 1882-04-22


H. and IL I said anything 10 Mr.. Glenn, and I
think recolle. 4 the eonveration, u 10 the Of
feet above stated" Mr.. farber-"Do you think
that the Examiners. In view Of the per diem they
have drawn. and the fact that no contracts we're
let and no excavations or gradations were made
upon the avenue. have done their duty ?" Mr..
wilkinson-"I cannot say yes or no. inasmueh as
i do not know how their time has been occupied"
Mr.. Greenhcld-"Do you think Il would have been
pFac,ieabie for these gentlemen 60 have finished
this avenue west from the bridge over Gwynn's
Fails Co It's terminusl" Mr. wiIkinson-'If they
had the money In hand and there was nothing In
the Law To prevent their expending money as col
lected before the whole was collected. then think
u their duty 20 20 with the work 90 the best
advantage they could" Mr. carman-"But II
the Law looked TO the completion Of the work as
an entirety, then what would be ycar opinion ?"
Mr.. wiikinson-"If you mean that the law would
prevent the expenditure Of any part for work before
the whole was collected, then should think the
Examiners would be doing what was wrong ifthey
80 expended any Of H."
Ma. JAMES A. WILSON.
(Testimony No. 4, about page co.
Mr.. Carman, on behalf Of the Examiners. asked
"Mr. Wilson. are you interested 10 the Edmond
son Avenue improvement :" Mr.. wilson-"some-
Fhai-" Mr. carnan--' Do yog ssill ews a small
sir" Mr.. carman-"As one who has paid con-
siderable amount towards the improvement, do
you recognize the question Of grade as to whether
the Potomac Railroad should be crossed By
bridge or at grade A. = matter Of Importance 20
Mr.. wilson-"I consider IL Of Importance, but not
n hindranee" Mr.. Carman-"why have you not
paid your balance ?" Mr. wiison--"For the reason
tha, others have not paid any Of theirs" Mr..
Gienn-"1f you had been sued threatened TO
have been sued for your balance, would you have
allowed suit 60 go rather than have paid IL ?"
Mr.. wilson-"No, would have paid H." Mr..
Farber-"Couid the Examiners have completed
-. ~ sas .f
the question Of sraie," Mr.. wiison-"why GER
tairiy they could" Mr.. Farber-"Did the Ex.
aminers. in your opinion, do their duty In regard
g. the completion of the avenue!" Mr.. wiison-
According 20 my opinion they have not" Mr..
Farber-"fs the condition Of the avenue becom-
ing worse by reason of failure Of iis completion
and the action of the elements upon Il ," Mr.. Will
son-"As far as { can judge. should say IL had"
Mr.. Carman-"Mr. Wilson. you say that you don't
think the Examiners have discharged their duty.
What would you have them do ," Mr.. Wilson
As far as my humble opinion l. Of the Law. paid
my money about Eve or six years ago. with the
assurance from you and others that the avenue
would be completed and since the Act Of isSo.
nothing has been done in regard 90 grading. and
few dollars might saved thousands along the line
of the avenue since the commencement Of the ave-
nue." Mr.. Carman-"Mr. Wilson. the present
Examiners have only hal charge Of Eimondson
avenue under the Act of $50. and have had no
fund.- in hand under the Act until about November
I. 1850. Can you divide this ma;'er;" Mr.. Will
son-"No. I cannot
After an examination of the testimony thus
given how eouil the COMMITTEES say : THAT the
question of grade within the city or crossing the
Potomac railroad by n bridge was proved 10 have
no connection with this Act" And that "the
question of grade at the eiy limits being short
distance from the raiiroad) and the claim the
par; of the Examiners tha, this Of the
original conditions Of the completion OF the are
AL sk.si .kaulA 10. oil
work thereon, but not stop per diems. 10 entirely
exploded by the testimony of Mr.. Kerr, one 0f the
witnesses summoned 20 testify by aud on behalf
of the Examiners themsclves.'
Your petitioners submit that the Examiners
subpgned Mr. Kerr as other witnesses. and ex-
amined him without previous consultation, and
they are perfectly satished with his testimony
When Mr.. Kerr says ~ think !; n matter of the
utmost importance 20 secure such n change of
grade within the city. n 20 enable the completion
of EdmondsOn avenue over the Potomac railroad
by = bridge, instead Of At grade he eoneurs in
sentiment with Messrs. Abel. Swan. wilkinson.
johnson, Wilson. friek aud the Rev. franklin
Wilson. who testified upon the subject of grades,
he. But when Mr.. Kerr says "but in my juds-
ment it 10 prePosterous to say that any action
the part Of the Mayor and City council Of Baiti-
more IL 4 condition precedent in any way Of the
completion Of the avenue in Baltimore county"
The city never was = party 20 the contract. and
90 the best of my knowledge aud belief. while al
ways aimed at as desirable. vas never. until
Gently, claimed 10 be one Of the conditions upon
which people In the county either originally
assessed, assentei 20 the passage Of the Act Of
1850. chap. Ii3. lie TO some extent started new
question. and one for which he would not in any
way bold or expect the Examiners 10 be held re-
sponsibie for.
But your petitioners submit that 20 them IL ap.
pears somewhat remarkable that the committee
should become 50 much impressed with this por-
nf kRFR eaa a.. 81 fnti "a
they have done in this particular. and 20 fail 20
duly and properly consider and correctly quote
his testimony upon the matter o! compromises.
with which the Examiners are charged.
Mr.. Kerr testified at two meetings Of the CON-
mii,ee and upon various subjects. We have al
ready qu ted from his testimony, and will do 50
again refer 90 the different subjects upon
which he testified. bu; we ask that his testimony
be read and eonsidered a. an entirety. tSee tes-
timoay No. Z, about page Il. and No. ). about
page 19J
Your petitioners submit. that the question Of
grade as TO the crossing of the Baltimore and Po-
tomae railroad 10 recognized as an important ele-
ment by o large number Of persons uho are deep
iy interested In the Edmondson avenue improve.
meat, and have already paid large amounts to-
wards the same, and some Of whom stili con-
siders be balances which must be realized to CON-
plete the avenue.
That Il entered prominently into the matter and
greatly embarrassed the Examiners in the c0llec-
tion Of assessments andthus retarded the progres.
and completion Of the work beyond their exPecta-
tian.
That the Examiners. with all Of the facts of the
case before them, have acted properly and judi
ciousiy In the premises, has been proven without
doubt. Aud IL any other proof was required 90
show that the question Of grade, &C.. has been one
of embarrassment and that the fact has at last be-
come 90 be realized and recognized By the commit
tee Il will only be necessary 60 refer 90 the pro-
IN fha hw n uhars
lMr. Grcsnheidl. which reads IS follows: In Sec.
]. mo. ~ line 81 insert afer the word ''eompe-
pieted" the words "Ani the Examiners shall con-
struet said avenue 20 eross the Baltimore and
Potomac Railroad, At. oser or under grade. In
such manner as In their discretion they may deem
proper. (See House Journal. page s7s.)
The Exsminers submitted in their statement
marked Document c, "Thss pss;ie. Interested In
having the railroad crossed BY a bridge proposed
90 take such action as might be necessary 20 have
the grades In the city 80 changed as to meet the
county grade, and are informed they are now
engaged In the matter"
The parties. Messrs. Chas. q. Kerr, A. =. Abel
and the Rev. frankiin Wilson. have embraced the
frst opportunity 10 present tho subject 20 the
proper authorities In the city Of Baltimore. and
there 10 every reason 20 believe that the matter
will be favorahiy considered aud adjusted In
short period Of time. and the vsxsi question of
grade, &C., finally settled. And ~ al bills for
assessments have been delivered. aad all legal
tices required given. there will be no dideaity In
the way u . vigorous proseeution Of the eollee.
tions Of assessments and an early eomrietion of
the avenue ~ contemplated and assessed for.
Your petitioners 6nd the subject of compromises
referred TO In four different places In the report Of
the committee, via:
The COMMITTEES and shat the Rxsminer, have
depleted the funds ecllected, by compromises.
which they had no right 10 make By law, and have
taken lees than the fall amount of assessments IN
snsisfaefion for the fall nsnouuf and In disrhawn