Daily American telegraph. [volume] (Washington [D.C.]) 1851-1852, 1852-02-19

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| which resolution on the subject was referred,
reported a bill entitled g An act supplementary
to the supplementary act for licensing theatrical
and other public shows amusements, and for
1 other purposes - which was read twice.
i Mr. CALLAN, from the Committee of Ways and
| Means, to which was referred bill from the
Board of Aldermen authorizing an abatement of
the tax on frame house enormously assessed
to James Towles, reported the same without
amendment
| A communication was received from commit
tee of the Union Literary Society, inviting the
Board to attend the celebration of Washington s
birthday, .at Caruss Saloon, on Saturday even
| ing the 2lst instant; which was accepted, and
the Secretary directed to notify the committee.
Mr.. VAN RIswIcK, from the select committee
to which was referred the communication from
the Commissioner of Public Buildings, in reply
to a resolution of this Board, in relation to the
enclosure of 9th street west, at its intersection
with Maine avenue, made written report on the
subject, accompanied by joint resolution au-
thorizing an application to the President for the
opening of 9th street west; which was read twice,
when
/ Mr. VAN RIswIcK moved that the following
report and resolution be published with the pro-
Eceedings Of the Board which motion was agreed
to, as follows:
| YEAs-Messrs Callan Ennis, Mohun, Pepper, Iuchng-
i
! NAYs-Messrs Easily, Kelly, Downer, Bryan and Mler5.
/ The committee to whom preferred the reply of the
Commissioner of Public Buildings In to resolution
passed by this Board nqurng hy what authority or law
avenue have had the under consideration, and beg
leave to make the following report VIZ:
That far the sdid to be the original map ofthe
city is concerned 1t does that there no streets
running through the public grounds extending from the
tee would here remark that early the 199 in
opinion Charles Lee esq., Attorney General the 0rg
nal approved map in doubt and in 1906 in an opinion
of breckenridge, esq Attorney General the
subject thats, respecting the power to make alterations
to be had (see Burchs Digest pages 1884, 800 and your
committee of the opinion that there Is no such original
dpproped plan In existence. However, be that IL
your committee will proceed to show that the Corporation
of Washington, early dny exercised the to
ress the United States have recognised such power and
only but by their enacments have recognised 9th
street west as running through the public grounds
Before proceeding with this your committee would truth
fully and canddy that they have controversy with
Commissioner of Public Buildings but only seek what
they conceive be the rights of the citizens Of that portion
OF the city where this obstruction exists.
The % Council January 26 1904 passed act to improve
h street. from the Tber to south street The Sd Council
August 2S 1901 made another appropriation for the
street The 4th Council September g. 1905 made appro
pation improve from Pennsylvania
nue. south street. Where Is street south nowf As
street south appears to lie the southern boundary OF the
Mall now surely street must have through tho public
grounds in 1905 Other appropriations made for 7th
street which have since been recognised by Congress by
passing an aGt 70 pave tne same me yh oonn M %
Maryland The l4th Council, June 2S, 1916 made
% s @ tes 81
and improved AZ street. from pennsylyania avenue TO
Your committee fully believe from the foregoing early
action of the Councils of the city that the corporate author
tiles Of that day had such of the city before them
showed streets running through tho public grounds Ella
why did they exercise this authority! And thus exercising
H. why they not prohibited from thus proceedngi Blu
for other than that those streets did not
through the public grounds according to the map then be
eved be The map of the city. And your committee viii
Furthermore show that Congress passed but one RESTRICTIVE
with regard streets crossing the public grounds
that act approved March p 1888 Sixteen years after
street opened restricted the number Of streets crossing
the Mall three thereby implying that the Corporation
had the before that restrictive law 70 many
zens and the public good Your committee have thus
shown that by the opening of 7th and 18th streets
governed by plan Of the city recognising streets crossing
the public grounds, 9th street well other street
9th has been recognised by the Congress Of the
Unted States the boundary street between the grounds
| and the Mall
The act authorizing the draining Of the low grounds page
AIS Rothwel section p authorizes the Corporation TO lay
off squares either side of the canal between Third
and Sz west Now, " there Sixth street
south of the canal running through the low grounds why
make of the erms The act in its latter clause
says further that landing for wharfage shall he permit
ted on the line the between the side Of Third
street and the east side of S street Now, why designate
the east side of sixth street why authorize the forming
of square bounded by Sixth street II no such street was
there And be II remembered the law did not create
street Sec of the same act gave the CORPORATION the con.
the public reservation between the Capitol square
S street west for certain purposes and also the
power to build or mare bridges the cann lying IN
between Second and Sixth streets which power
build bridge at Sixth street has been repealed and
If bridge authorized ut Sixth street. surely IL implies
stood by the Corporstion for they had the squares laid of
authorized, bounded the west by Sixth street And
the late Commissioner Mr. Mud had year before his
DEATH of those identical squares under with
the line of the fence ranging with the side Of
Again the net Of Congress vesing in the Corporation all
the rights Of the Washington City Canal page 45 Roth
wel says the canal shall be so wide from 18th street TO
Srh street, and wide from 9th street TO street The
sh section that part Of the public ground known as
the Mall lying between Sr street west aud 18th street
thereby plainly showing that 9th street recognised as
running through the public grounds for be 1t remembered
that the MdH il all the south side Of the canal And
this act were repealed that 9th street the
boundary line Of the Mall rather reiterated the 10th
sections Of the act recognise 9th street
open street Then Of March ID 1888, page
43 Rothwe ~ requiring Of the Corporation to ren
qush for consideration the title &C. 10 the land before grant
ed by the May 81, 1892 which land designated
a. living between 9th and 18th sreest west and others
Then comes the section Of this act March d. ls33
thorzng the Commissioner Of the Public Buildings TO
close all the open grounds belonging 10 the government
living between Maryland Pennsylvania avenues which,
in the original plan, reserved for public walks &C. This
section Is taken the where the authority lies o
close 9Th street south of the canal to Maine avenue Why Is
that this construction does not apply TO that portion of 9th
running north Of the canal lying between the canal
and Missouri ayenue Surely bth street s street
the north side of the canal Is also the south side;
the public ground both sides Of the canal at this
point the opening and keeping opcn 9th street from
erect bridge thcrcis proof positive that 9th
an open thoruughrc for bridge he erected there by
authority the right Of way TO and from cannot bc denied
From the foregoing your committee would call the
tcntion Of the Council TO the phascology of this section
10 wit all the open grounds belonging 10 the govern
ment and would respectfully ask, Was sixth street ofa
ground belonging to the government! Your committee
affirm not For ly the act Of Congress authorizing the
Corporation to drain The ioo grounds &C., approved May
h 1922 Sixth street the boundary Of the low grounds
and explicitly stated And by act Of Congress approved
May 81 1892 the tc side Of 5 the beginning
Of the Mall Now, II the low grounds extending 10 the eG
side Of 9th street. shown by the prohbory clause Of the
"a section Of act Of May 1922 well the law Of the
Corporation page 27 Rothwe c thus recognised by the
above reced nets Of Congress- well by the last