Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-09-19

rael Wayson, deceased
The resolution was read and amended by stri-
king out the hour Of five o'clock, and was then
adopted.
Mr.. Pearson, from the Committee Of Claims, re-
ported adversely upon the petition Of Timothy
Shannon for the remission of fine, and asked TO
be discharged from the further consideration there
Of
Mr.. Pearson, from the same committee, report
ed adversely upon the petition Of A. N. Clements
for the remission Of fine, and asked TO be dis
/ charged from the further consideration thereof;
and the committee was discharged accordingly.
A message was received from the Board Of
Common Council, by Messrs. Hutchinson and JEFF
ferson, two of its members, stating that they had
been appointed committee to inform this Board
that the Board of Common Council ready to
go into joint meeting agreeaby to the resolution
passed this evening.
Mr. Miller, on leave, introduced bill entitled
AN act for the grading and paving the alley in
square No. 252 !" which was read three times and
| passed.
| On motion, Messrs Ruff and BayIy were appoint
| ed committee to inform the Board of Common
Council that this Board ready to go into joint
meeting, agreeably to the resolution passed this
evening for that purpose.
The bill from the Board of Common Council en-
titled An act authorizing the alteration of the
grade of 18th street wes south of street. and for
| other purposes" was taken up, read twice, and,
| whilst the same was under consideration
| The members of the Board of Common Council
appearing the Board took arecess.
And the two Boards having assembled in joint
meeting, Samuel York AtLee, Esq, President of
| the Board of Common Council was called TO the
Chair and E. j. Middleton, Secretary of this
| Board, was appointed Secretary.
The joint meeting then proceeded to the cleo
| ton of an assessor for the Sixth Ward, in the
place of Israel Wayson, deceased.
The Chair appointed Mr.. Ruff, Of this Board,
| and Mr.. Edmonston, OF the Board of Common
| Council tellers.
| Mr. Evans nominated Wm Dixon.
The ballots having been collected, the tellers an
nounced the following result:
For VIM. Dixon 81 votes.
Blank votes.
Whereupon it was declared that William Dixon
was duly elected assessor of the Sixth Ward in the
place of Israel Wayson, deceased.
And the joint meeting dissolved.
And the President of this Board having resumed
the Chair
The Board resumed the consideration of the bill
for altering the grade of 18th ST.; and it was then
read the third time and passed.
Mr.. Moore, from the Committee on Wharves,
reported back the bill from the Board Of Common
| Council entitled An act authorizing the construc-
ton of sea-wa on the west side OF Water street,
from to o st. south ;" and it was read the third
| time and passed.
The bill from the Board of Common Council ell
titled An act for repairing the causeway running
| along M st. from Fourth st. to the Navy Yard"
was taken up, read three times, and passed.
| The bills from the same Board entitled " An act
authorizing the improvement of 25th street west"
"An act making an appropriation for the improve
| ment of I'd street east, and "An act to provide
| for paving gutter I'd street, the south
side of Massachusetts, avenue, were severally taken
fpvio md rnfa IN tba IN
Improvements.
The bill entitled " An act to provide for the re-
gistraon of all persons in the city of Washington
subject to the school tax, and for other purposes
was taken up.
The question was then on agreeing to the
amendments of the Board of Common Council;
when
| On motion, the bill and amendments were re-
ferred to the Committee Police and ordered to
be printed.
The Chair laid before the Board the report of
the Intendant of the Asylum for the month of
August; which was referred to the Committee on
| the Asylum.
| Also, the opinion of the Attorney of the Corpo-
| ration, in compliance with the resolution of this
Board of the 25th August which was referred to
the Committee on Police, and ordered to be pub
| lished with the proceedings of the Board:
OFFICE OF CORPORATION ATTORNEY
| Washington September 8, 1856.
| SIR: The letter of the Secretary of your Board,
covering copy of the resolution of the 25th ultimo,
requesting my opinion upon certain points, was re-
ceived at this office during my absence from the city,
| to which returned on Saturday evening
l avail myself of the earliest opportunity to dis
charge the duty thus imposed upon me, regrethng
only that the delay which has already occurred does
not permit me to give that deberaon to the subject
| which its importance demands. | feel confident,
| however of the correctness of the conclusions at
which have arrived, because find them supported
inv n;pIa h,yh inh nth
As have no official jurisdiction to decide the ques-
tons which you have submitted, but only to advise
upon them in matter of law, beg leave not to con-
fine myself to q mere statement OF conclusions but
to lay before you at length, the reasoning upon
| which they are founded.
First Ii is clear that the appointment by the May
or to fill vacancy occurring during the recess is
| good "untI tie end of tie then ensuing session" =
This is the express declaration OF the charter OF 1920
| Sec 8. Of consequence, such appointee is legally
entitled to the salary and emoIuments of his Office
for that period.
But the question remains what is meant by "Ae
end of tie then ensuing session 2? Practically, this is
the important inquiry; for it will presently be per-
ceived that such appointment once lawfully made, IS
not determined otherwise than by its own limitation,
or by the act of the Mayor removing the incumbent
| or by his resignation or DEATH No provision what.
ever is to be found in the charter for the removal OF
such appointee by the action or non.acton OF the
Board of Aldermen, or Of the two Boards conoined.
With regard to certain offices which are elective
under the charter of lS4S is different They may,
in certain cases. be declared vacant by joint resou-
ton.
Suppose an appointment to be made on Tuesday,
to fiji vacancy occurring after the adjournment OF
the Board on Monday night This appointment ID TO-,
continue "unt the end OF the then ensuing session
Does it terminate upon the adjournment on the fol-
lowing Monday TO the Monday next thereafter or
does it. by its own terms, continue to future day,
unless sooner ended in one of the modes above ndi-
| catedf
The solution Of this question depends upon the
ascertainmeat of "the end of the ensuing session"