Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-10-10
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CITY AFFAIRS.
CORPORATION OF WASHINGTON.
BOARD OF ALDERMEN,
MoNDAY, OCTOBER 8, 1855.

The Board met pursuant to law, g-ttf...,
Present: Messrs. Dove, Miller, Bayy, Tretler, EN-
cry, Moore, Busey, Houston, Clarke, Ruff Smith, and
The Chair laid before the Board communication
from the Mayor, returning with his reasons the bill
entitled An act authorizing footway TO be laid of
and paved in the fortyfeet alley in square four hun
dred and sxy6ve and for other purposes, and trans
mttng Herewith the opinion Of the Corporation At
torney ON the subject. g8eag IL ri rtst#
q The said communication having been rend the
question WAS Shall the bill pass the Mayors objec
ton TO the contrary notwithstandingg which being
taken, it was determined in the negative follows,
dwothirds of the members present not voting in the
affirmative,) viz fstts.,
Yeas hessrs. Emery, Pearson, Smith, Trstler,
j. N,yshs,s5s Mo sS a ssyly Basey Dove Houston Mil
On motion, ii was ordered that the Mayors COM
municaton and the opinion Of the Corporation Attor-
ney be published with the proceedings of the Board
They are az follows aff .8"p &
WASHINGTON, ooToRRR 6, 1856
7b he Board of Aldomea
GESfhsaEN: return " An act authorizing foot
way to be laid off and paved 10 the forty-feet alley
in square four hundred and sixtyhye and for other
purposes" /" and regret that am constrained by a
sense of duty, to withhold my approval from IT. for
the following reaaons; ss, eln4 s4T
The charter confers upon the Corporation the pow
er to "cause the curbstones be set and the foot
upon such property may front thereon to pay
the expense thereof; but it does not authorize any
such tax TO be laid alley the portion Of the
lots on alley and the plan of the city did not
contemplate laying paved footways in the nlleys the
natural and inevitable inference s that il was not
contemplated in the charter to authorize the Corpo-
ration to exercise any such power in the case Of
alley. / have consulted the Corporation Attorney
on this point and send you herewith his opinion on
the subject Another ground of objection TO the bill
s, that il makes appropriation out Of the funds
Of the ward 10 pay for paving the gutter, and tor
grading and gravelling the alley This is altogether
unusual and without precedent In every other in
stance in which alleys have been improved in the
manner proposed In this case the expense has been
borne by tn property holders for whose benefit the
improvement made; and IN some cases il has
been by law provided the same shall never become
tar on the ward for any improvement thereon"
And, even il the Corporation had full and undoubt-
ed power in the case I can see no reason why new
practice should originate in this instance indeed il
occurs TO me that there would be just as much rea-
son to iax the ward for grading and paving any and
all alleys for this any other like IT, This il an al
erstion attempted 10 be made for the especial benefit
Of those holding property the alley and tits belev
ed will increase the value Of their lots whereas in or
binary of grading and paving alleys, where the
expense is paid by the property no such en-
HANGED value Is given to the lois Therefore il any
difference Is to be made, ii ought TO be in favor Of
those alleys which are graded dpsved In the usual
manner.
would have been glad TO approve this bill If the
objections bad been such as Itcould BY any posi-
bty aet over but as an effort to carry II out might
involve the Corporation in the necessity OF pay ng for
making pavements in sequence OF insufficient au-
thority to compel property holders 70 pay tor and
iperpedens. am constrained, very reluctantly, to
take this course. trtge 1855
W.B MAGRUDER Mayor.