The Washington herald., 1909-05-30

4 notable decision was delivered re-
Gently BY the United States Supreme
Court, which has caused widespread in
terest due TO the Importance OF the legal
construction the court put on It's opinion
Il was the dnaI act in the well-knOwa
contest against the government, waged
for 1oTty-fve years by Joseph " Parish.
and since his death by his heirs. in what
IS known as the Parish Ice Claim
The Supreme Court, in its decision. re-
versed the lower courts and found
verdict IN favor OF the Parish heirs for
the sum OF S1N,000. The litigation was
based on certain contracts between the
government and Joseph ". Parish, dur
ing the civil war. 10 furnish ice 10 the
army. Large sums were paid M Par
Ish during the war and since that time.
but there was a claim held back that was
contested by the government
Treasury Holds I'D Claim.
Proceeding on an act OF Congress 20
find out what was due Joseph W Parish.
the Auditor OF the Treasury Department
found there was due the sum Of SISl,0oo-
The Secretary Of the Treasury refused 10
,pav the amount his auditor had found
due. The question OF judicial and minis
teriaI Jurisdiction then arose and in the
final decree the Supreme Court held that
the Secretary Of the Treasury was minis
terial and not judicial. for il was the
spirit and purpose Of Congress for the
proper authority 10 find out from records
If there was anything due and # so 70
pay and not question the authority and
mandate o. Congress.
The heirs OF Joseph " Parish are
Grant Parish. OF this city, and his sister
and the sum granted them by the court
VIII be divided between them.
This decision and references contained
IN the arguments before the court re-
wives the history Of the construction Of
the Baltimore and Potomac Railroad into
Washington, Of which Joseph " Parish
was largely instrumental
Dates Back to 1867.
Il was in January. 1s57. that John Gar
rett. then president Of the Baltimore and
Ohio Railroad. came near strangling the
bill which was before the Senate Com
nittee OF the District Of Columbia. which
provided for opening the way for new
railroad 10 Washington.
Col. Oden Bowie. OF Maryland. who was
president Of the company, found that Mr.
Garrett had succeeded in sidetrschins
favorable action BY the Senate cOmmiDee.
BY using the argument that his road
could co ali the business required for the
Capital. and that Congress should re-
ward this road. because It had furnished
transportation for troops and supplies
rs-.r.T tr-r .n~~rr~r NJ rTn rfrrr in 1881
AT this juncture Gideon B Walker. OF
New York. introduced Col Bowie 10 J. W
Parish. Of Illinois. who was then II
washington Col. Bowie made the stu
alton known 10 0Ir. Parish and urged him
20 help him out. He proposed 70 trans
fer the Maryland charter 10 Mr. Parish.
that he might form a syndicate TO secure
2 charter and right Of way into the Dis
s trict and 20 build the road.
Mr. Parish accepted the Offer. talked
with AIr Walker. ard called upon Mart
CasseIl. Of Illinois, who was made the
third man Of the syndicate John 3.
Clark, Of Missouri. was next consulted
and became the fourth man Il was then
thought best 10 enlist the services OF
John 3. FOrnev. then Secretary OF the
Senate. ard the proDTietors Of the Phil
adslphia Press and the Washington
Chronicle, as these papers were needed
10 create a sentiment favorable to the
enterprise Mr. Clark was delegated 70
20 10 Philadelphia 10 secure Nr- Forney'
cooperation Nr. Clark labored some
time with Ar Forney before ne con-
sented 10 become a member OF the com
pany-
Promoters Reach Northern Central
When Mr.. Clark returned a meeting Of
the i've promoters OF the new railroad
was held. and al this meeting It va.
deemed expedient to get alongside Of The
Northern Central Railroad. which had II;
southern terminal in Baltimore, and u
make this road an ally Parish and
Clark were delegated to wait upon Gin
ton Lloyd. Chief Clerk OF the House o
Representative. who had many friends
among the officials Of the Northern
Central M Lloyd saw a chance 10 he'll
his friends and became the sixth nembe
Of the syndicate, and promised his activ'
assistance.
Sanguine OF success these six mel WeTl
confident they could arouse a favorabl
sentiment for the new enterprise IN tn
Senate committee, and get the charte
through Congress.
To obtain legal control OF the Balti
more and Potomac charter from III
State OF Maryland, they met IN Balti
more and employed ex-Gov. Plat
OF Maryland. to draw up the paper
necessary TO transfer the charter 10 tn
syndicate. On their return 10 washing
ton they fell IN with Robert T. Vai
Horn, a member OF Congress from Ms
souri,, and president Of the Kansas Cir
Daily Journal Company They Gale,
81
Missouri who was a member OF tn
Senate District Committee. A strOnl
plea was made for the new road Z
Washington. Mr. Van Horn adding III
influence 10 the project The presenta
tons made BY the party impressed sen
ator Henderson 10 such a degree that h
promised his active support Of tn
project
Senator Yates. another member Of tn
committee. was visited and at 2 glanc
saw the advantage Of another road Z
the capital Senators Ben Wade, o
Ohio Charles Sumner. of Massachusetts,
Lott p Eorrel, and others, were vol
% tire enterprise The bill granting III
BaIti-rore ard Potomac Railroad entrenc
5rta tie District was reported within
feE days. passed by that body and signe
- Present Johnson. February ), 1867.
A chef engineer and corps OF assist
s2-s WeTc employed 70 survey the lin
hstwtel Washington and Baltimore
Contacts for grading were awarded an
Ti-1t o. way secured.
John Garrett went TO Annapolis an
tried hard 10 induce the Maryland leg
isIature 10 repeal the lateral clauses o
tie Baltimore and Potomac charter, whic
would have had the effect OF rendering III
original document worthless. Col Lloyd
Parish. and ex-Gov. Pratt made
vigorous Sight against the Baltimore an
Ohio president. who was then yer
strong n Maryland. Col Oden Bowie
president Of the Baltimore and Potoma
eonnanT- vas q member Of the Mary