The evening times., 1895-11-27

Comptroller Bowler's response to the
query concerning the pay Of juries in the
condemnation proceedings was exactly
what the petitioners anticipated. and what,
they claim, might have been known in ad-
vance by all parties. It was to the effect
that an appropria ton made to pay can
not be diverted to B.
The fact is. however, that there have
been two appropriations made. in the ag-
gregate SIS 900, part Of which was spe-
cialiy set asice for the preliminary surveys
aud for the preparation OF the maps.
There Is a sinaH bala nee only, and 1t
was stated that even il the balance were
appropriated for the pay of tile regular
jurors, it is also asserted, caunot be used
to pay jury in the condemnation proceed
tugs.
Chief Justice Bingham reviewed the cir
cumstances this morning and intimated
that the situation seemed to forbid an order
for the appointment of jury.
STATED THE FACTS.
Mr.. Nathaniel Wilson. in behalf of the
petitioners, asked that before final deci-
sion he should be permitted to state some
facts, which, he said, the court should
be advised of. He had, he said, examined
the law and consulted with the office Of
the Attorney General, and he could see no
reason, either upon Information received
or in law, for a stay OF proceedings
The question whether the cause shall
go ON was not referred to the comptroller.
Section 8 of the act Of March 3 1898,
provides that the Commissioners shall in
clude in their estimates, as in other cases,
an appropriation for carrying out the pro-
visions oil the act.
In the contingency that now appears, Mr..
Wilson suggested, Ii Is very extraordinary
that the District Commissioners should cX-
press surprise at the discovery at this
late day, two years and more alter the act
was put upon the statute bucks, that there
is not money at Command tn pay the jurors.
That there Is a balance on hand is suffi-
cient basis upon which to order that the
cause may be proceeded with, and, as in
other cases, depend upon to Congress to
pass a deficiency bill. Such bill, Mr..
Wilson said, could be passed before the holi-
days, and meanwhile, IL there Is any doubt.
the parties will he glad 10 guarantee the
marshal against the incurrence of liabA-
ity for jury fees. They will willingly agree
to pay the few hundred dollars that Will be
necessary for the first proceedings under
Jury.
INJURY WOULD RESULT.
"To stop here" ME-. Wilson declared,
'is a blight and destruction upon the in
volved property; an irreparable injury.
Liability for advertising is incurred al
ready. for which, understand, there is no
provision. IT, in that instance. why not In
this? The case before the court. No. 419,
can be adJudicated In fifteen, or not to
exceed, thirty days.
ITO shut the doors of the court now
In the face OF those brought here by the
act of the Commissioners, would be
hardship.
.,Juries have waited for pay and they may
again." argued Mr.. Wilson, land it Is
unnecessary to cast about now to see how
the money is to be procured"
Mr.. Wilson seemed to voice the seDti.
ments of all the petitioners, but Mr.. w.
L. Cole and others Of counsel briefly adj
dressed the court upon points not touched
upon.
Mr. Thomas. for the Commissioners. re-
spondetf In few words, in the course OF
which he said. as to the advertising, that
it was being done solely ut the risk of two
papers. that had agreed in advance to do
the work aad depend upon Congress to pass
a bill to pay the charges. He also said the
Commissioners had included In their esti-
mates for next year an item to pay the cost
of the condemnation proceedings.
A motion was made that the bill be dis
missed at the expiration OF thirty days in
case the District is then not ready to pro-
ceed, but pending the consideration, the
court ordered an adjournment until O'Clock
in order that he might consult with his col
leagues.
I'm case 1t shall be necessary to go on"
said his honor, lit will be necessary to desig-
nate a member OF the court to conduct the
proceedings"
The talk OF repeal is frequently heard.
1T is in the mouths of the people," said
prominent attorney today; ''it will soon
be louder. and Congress viii hear it, in my
Judgment"
Upon reassembling at / O'Clock the at
torneys were advised by the chief justice