The morning times., 1895-08-23
TINGLE FAVORS PROGRESS
But, His Counsel Says, Street Ez-
tension Plans Ruin His Property,
Hearing of the Suit TO Restrain the
Commissioners From Recording
the Plates Before Judge.

A hearing in open court OF the case of
Mr.. Armory X Tingle, who seeks torestrain
the Commissioners from carrying out their
plan Of proposed street extension, was
given by Judge McComas in the general
term courtroom yesterday morning.
Mr William a Meloy, who appeared as
counsel for Mr.. Tin%le and his wife, opened
the proceedings by reading the original
and amended bill OF complaint Mr. Thomas
and Mr. Duvall represented the District
officials, aud the former gentleman read
the defendants answer.
Mr.. Meloy. at the conclusion OF Mr..
Thomas reading or his answer, began an
I eloquent plea on behalf Of his clients. He
| asserted that 1t could be farther from no
ones intention than his own 10 block the
wheels or progress which were expected to
result in incstmable benefits TO the millions
Of people TO come
But in this particular case in which l
have been retained as counsel" said Mr.
Me!oy, my clients have been made the vic
! tins in a large degree of the mcrcilcss ad-
| herenCe Of certain mathematical engineers
! to certain mathematical lines, when a di-
verEcncc might have as readily bcenmade.
The nature Of this proceeding estops
the owner from building or selling his own
! possessions. My clients lands are virtually
/ taken out of the market, for other people
! who might be purchasers areunder the esame
/ cloud that now hangs over the owners
/ and only small peCuniary consideration
would be given for property in which the
! buyer feels that he can at best get but tenn
porary ownership. My clients can practi-
cally use their lands for nothing more than
! lawns and tillable grounds, for an indefi-
mite time.
| Mr. Mcloy then presented a rather anus
| ingpicture Of the state OF affairs that would
follow the full carrying out of the Commis-
sioners intention The streets would in
places have to be cut down several feet, he
said, and in one instance it would leave
his clients house standing on the edge
OF ten-foot precipice, with one-half the
dwelling overwhelming.
~ ud even then" interposed Mr.. Thomas,
"the house would have a better foundation
than this suit you are bringing"
Just before l O'Clock the court ordered
a recess until O'Clock.
MR.. THOMAS REPLY.
Mr. Thomas reply to Mr.. Meloy's argu-
ment consumed nearly tbree-quarters OF
an hour.
He argued that the complainants were
proceeding after the fashion OF one who
cries before he is hurt, claiming that the
plans of the proposed extension are still
in the hands of the Official commission
and though it is said they have been signed
the plans have not yet been returned to
the Commissioners. He read from a mum
ber OF decisions to show that the com
plainants could not bring suit for injunc
ton on the mere filing of the plans, as
Mr.. Tingle had done, for it was evident
that no injury accrued by this act alone.
Mr.. A B. Duvan followed up Mr..
Thomas argument that the Commissioners
were simply doing now what should have
been done long ago. The street extension
had to come, and the sooner it was defi
nitely known the better, for the matter
should be Immediately decided so that a
man may know in the future where to
place his dwelling.
He denied the opposing counscl's state
ment that no compensation would be made
and stated that the act specifically pro
Yides that such shall be done
At the close of Mr.. Duvall's remarks al
$40 O'Clock court adjourned until II sc
O'Clock this morning