Samuel Freeman Miller

“ As a matter of strict justice, no reason can be seen for this proposition, for it is quite clear that the requirement of this string or curb of blue granite is wholly due to the existence of the tracks of the railroad in the middle of the street, and is also mainly, if not wholly, for the protection of the track along-side of which it is laid.
Nothing can be more just than that the company should pay for the work which its track alone makes necessary. ”

“ But it is said that the paving commissioners adopted the rule of a general apportionment of all the expense, and reported to the commissioners of the district on that basis, as due from the company, the smaller sum of $12,207.27, and that their report is conclusive. The report thus made is nowhere in the statute made their special duty, nor are they anywhere authorized to make the final assessment. The report was merely a suggestion of their views for the action of the district commissioners. ”

“ The questions presented by the appeal arise out of the execution of the act of congress of July 17, 1876, 'authorizing the repavement of Pennsylvania avenue.' That act created a commission, consisting of two officers of the engineer corps of the army, and the architect of the capitol, whose duty it was to contract for and superintend the work, and to decide upon the character of the material. ”