Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-16
NO LIEN CERTIFICATES.
Opinion Of the Assistant Attorney for the
District Upon the Subject.

Opinion OF the Assistant Attorney for the
District Upon the Subject.
The statement by the auditor of the District
showing the amounts due to certain contract
ors from the Heat and Power Company and
several Of the street railway companies for paw
ing, which it is supposed they should pay, with
the Endorsement Of Capt Rossel, suggesting
that lien certificates should be issued asainst the
Heat and Power Company, which was sent to
Assistant Attorney for the District Mr.. 8. T.
Thomas for an opinion as to what should be
done in the premises, has been returned to the
Commissioners by the attorney, who says:
have attentively examined this matter, and
my opinion IL you have no authority to issue
lien certificates against the Heat and Power
Company. The only remedy you have in regard
to this company, think, is to deduct the cost
Of paving rendered necessary in consequence
Of its opening the street out of the deposit
il made, il any, to guarantee the restoration of
pavements, or il il gave q bond, which i am
informed IL did, and the bond protects the
District against damage to pavements, suit
might be brought thereon to recover the
amount due for repairs in consequence Of its
operations in tearing up the streets to put
down its conduits.
In the case Of the street railway companies
the act Of Congress approved June II, 1873 GO
stat, 1867, provides that if the several street
to do the paving between their tracks or for
two feet outside the exterior rails thereof the
District shall do such paving, and il the delin-
Quent company shall fail to pay for it then the
Commissioners may issue certificates Of in
debtedness against the property and franchises
Of such company for the cost Of such paving,
which shall bear interest at the rate Of 10 per
cent per annum and remain o lien upon the
company's property and franchises until paid,
and that If after one year such certificates are
OF v,oid he en-
collect them by a sale Of the property and fran
chises Of the company.
My opinion is this Is the only course you can
pursue IN the case Of railroad company neg
lecting or refusing TO do the paving required
by law.
The railroad companies should be given An
opportunity to do the work themselves II IL is
Of q character they have the facilities to do. II
after notice they fail to do the paving between
their tracks then the District may do it and re-
imburse itself by issuing certificates Of indebt-
edness against the property, &C., Of the COM
pany, and may give them to the contractor
doing the work, II he elects to take them, az
their face value, as part Of the contract price
Of the work. But in case like that Of the
Brishtvood avenue railroad, where, as sug-
gestec BY Capt. Rossell, Mr.. Gleason, the con-
tractor, declines to take such certificates and
Is IN willing TO proceed with the work unless
the District win guarantee his payment
think the contractor is bound to proceed with
his work II IL is within his contract and IL the
railroad company fails after it is done to pay
for IL certificates Of indebtedness may
DO issued against its property agree
ably 20 Law. These certificates Cannot
be forced upon the contractor; he is Only
bound to take them where he has agreed to do
30. IL Mr.. Glsason's contract embraces the
pavement Of the whole avenue for q certain
price in money then no must proceed with the
work and receive his pay As 1t progresses. &C
cording to the terms Of his contract. II, how
ever, his contract does not embrace the paw
ing part Of the street the railroad company Ii
required by law to pave. and il the railroad
company does not employ him to do its paving.
or neglects and re uses to do il ITSELF then the
Commissioners may cause the same to be done,
and II when done the railroad company refuses
to pay for IL certificates Of Indebtedness NAV
be issued against the eompany's property, the
proceeds OF which may be used to reimburse
IL District the cost Of the work