The Washington times., 1902-08-18
MAYOR Was ENJOINED
BY MUNICIPAL BOARD
Interesting dPapersFound
by Secretary Tindall.
APPEAL TO THE COURTS
Chapter in the History of Washington
at Time of Change in Form of LEGAL
Government - Authorities Restrained
From Executing Paving Contracts.

Dir. William Tindall. Secretary to the
Board OF District Commissioners. in
clearing out an old desk in mis- Office
ecently found some valuable papers
| hearing upon the early history Of the
present municipal government Among
them was 4 copy of the injunction is
sued by the Supreme Court of the Dis
trict against the Mayor and other Of
| iicials Of the old government restrain
ing them from carrying out certain con-
tracts entered into prior to May 81.
| 1871.
The injuncticn bears date of May %.
,s7i. II was issued upon an appeal
from the decision OF the Equity Court
everything the motion of the complain
ants for special injunction and dis
charging the restraining order The
Supreme Court granted the appeal and
reversed the ocders OF the lover court.
The complainants were Messrs Henry
u. Cooke, Alexander r. Shepherd. S. p.
Erown James Nagruder and A. 3. Mul-
let. composing the Board OF Public
Works under the municipal government
about to be established on May 81. OK
shat year The defendants in the case
were the Mayor, Beard of Aldermen
and Common Council of the city OF
Washington Matthew G. Emery.
George Neitze, William Fl. Fenly Al
bert Gleason. Thomas d. Lewis. Thomas
Joyce. William Husse. Charles Stewart,
Charles II. Eslin and G. W. G. Eslin.
,cfu
sented in the case by Mr.. Enoch Totten,
corporation attorney. and the injunction
was signed by K. J. Meigs, clerk of the
court.
Order of the Court.
In brief. the document enjoins the
mayer and other city officials from
carrying out or executing the contracts
entered into on or about March II, 1871,
to take effect on April /, for one year,
for setting curbstones. paving foot
ways. cutters. and alleys. and for other
similar w0fh in the city of Washington
The order of the court enjoined the
mayor and councils collectively and sew
orally from attempting to execute the
contracts specified in any of the several
wards of the city The defendants were
also enjoined from interfering with the
new board of public works in the per-
formance OF work similar 10 that from
which the mayor and councils were re-
strained
The complainants were placed under
bond OF 5000 in lieu of damages, which
accrued or might accrue from suing out
the injunction wrongfully-
In this connection i may be stated
that the overthrow of the old munich
pal governments of Washington, George
town and the Levy Court was effected
by the act of Congress approved Feb
ruary 81. 1871. which revoked the char
ters OF the three governments, and con-
stituted a new corporation named the
District of Columbia This act took
effect May 81. 1871, The territory in
cluded in the new corporation was the
land ceded by the State of Maryland to
Congress on which to establish the seat
of the Federal Government. All valid
laws and ordinances then in force in the
cities of Washington. Georgetown. and
in the territory under the Jurisdiction
OF the Levy Court were continued in
force. In place of the old representa-
tive form OF government was establish
ed a territorial government with Mr..
Alexander Shepherd at the head and
plainants constituting the Board OF
Public Works. to carry on the improve
ment of streets. etc.
Contracts Declared Illegal.
The expiring government of the city
1f Washington in the month of March,
1871. entered into contracts with various
parties TO execute public improvements
or Sne year from April l. 1871. on the
that such contracts would
Ds valid and would hold over into the
first year of the new government to
hinder its effectiveness. Before going
INTO office on May 81, Governor Shep-
nerd and the Board of Public Works
sued out the injunction above described,
With the result that the contracts were
declared Illegal and the parties thereto
we're enjcned from executing them.
The new government accordingly went
nto operation unhindered by any bind
ng obligations instituted by its prede-
.esSOr
There was much public interest in the
legal battle between the opposing gov
ami general satisfaction when
matters terminated as the Injunction
shows.