Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-08-11

NOTION FOR AN INJUNCTION AGAINST THE
GOVERNMENT DENIED.
Judges Bond and Morris, in the United States
circuit court for the district of Maryland, filed
an opinion yesterday denying an injunction in
the case OF the Great Falls manufacturing com.
pany of Virginia against Augustus H. Garland
attorney general OF the United States; VIM. C.
Endicott, Secretary OF War of the United States;
b. Chittenden and Samuel H. Chittenden, con.
| tractors for certain work on the Washington
city water works.
The bill asked the court to'enjoin the building
of a dam and other structures across Conn )
Island and across the Potomac river from Conn S
Island to the Virginia shore, and the building
herewith on land alleged to belong to the
Great Falls company, near the Great Falls OF
the Potomac e river in Maryland until the COM
case, concludes as follows: sThe Officers of the
government, knowing that in any event the
Falls of the Potomac without waiting for the
completion of the proceedings by. which the
as directed by the act OF Congress, to luct
the dam and other works. This application for
an Injunction Is made some eighteen months
after these works were commenced, and after
contract have been made, costly coffer-dams
put down in the river, aud other expensive
preparations made for pushing the work during
issue now and the work be interrupted until the
meeting. of Congress, much of this large
expenditure will be sacrificed s Without
by which in general property may be taken
into possession without compensation first
by constitutional or legislative provision. it
does seem to us that this Is q case In which we
should decline to interfere by injunction at this
gress to ascertain the amount of compensation
are adequate and proper and the payment of
the amount when ascertained reasonably pro-
vided for and assured.
at is urged that after the Judgment of the
Court of Claims has been obtained the failure
to ese 70 aw
piainants efforts to get payment for its prop
erty. This is true, but 1t is also true that Con-
money required to pay the judgments of the
Court of Claims, and as 1t has specially desg-
mated this court as the tribunal to ascertain
nothing but q fragrant breach of good faith
could delay the payment The possibility of
the Of this case WE DO not thi a
sufficient to justify the issuing OF preliminary
Injunction. If the complainant is SO advised
If 1t should indeed prove to be true that q Ger.
tain and adequate provision has not been made
for payment Of the amount which shah be as
certalned TO be due to the complainant, the
further action of this court may be invoked"
General b. F. Butler, of Massachusetts, is the
Of the 6s 3ss NaxH He
argued the compliments case, and Hon. John
Goode, solicitor general, appeared for the OH
GERS OF the United states government
REAL ESTATE SALEA.-Myron A. Tappan has
sold to Mrs. Cornelia q. Jones for $500 four
and running through to Boundary street. and
the lot at the corner facing on New Hampshire
avenue The price paid was about IS cents per
square foot. The recent purchasers of square
271, which lies between 10Th, 18th, w and
Boundary streets, have subdivided it into 129
to south, which is named Cleveland street, after
the President
LIEUT.. MULLEN PARDoNED By THE PREsT.
DENT.-Police Lieut. Mullen, who has been in
the county jail at Cincinnati since the October
election, was pardoned by President Cleveland
yesterday. It will be remembered that Mullen
and other police officers were charged with con-
spiracy to prevent q number Of colored men
from voting the republican ticket having
locked them up ct the Central station until the
polls closed. Mullen plead guilty to one or two
counts OF the Indictment and was sentenced