Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-21

Evans, was appointed Secretary pro tenn.
communication was received from the Mayor
Transmitting an invitation from a committee OF
the corporate authorities Of Memphis, Tennessee,
to the corporate authorities Of Washington Offer
ing the hosPitalties Of the city Of Memphis on
the LIST and I'd of May next, to celebrate the conn.,
mencement Of the Memphis and Charleston rail-
road
The Mavor sent in the nominations of William
DAVIS, AZ Police Constable for the First District,
la place of X. II. Digs. resigned, and Samuel
Boyer, Inspector and Surveyor of Lumber, in
place Of Il. b. Entwistle, resigned. The nomi-
nations were confirmed without opposition. !.
Mr.. Emery, from improvements committee, re-
ported a bill for grading NJ street north, between
4th and 5th streets west passed.
Mr.. BayIy, from same committee, reported
bill for grading Twenty-seventh ST, in front OF
square 9 passed.
MI. Emery, from same committee, reported a a
bill authorizing the grading and graveIlng Oh r
street north from North Capitol St to New jersey
avenue passed.
Mr.. Dove, from the police committee, when
had been instructed to get the opinion oil inc ~,
PofatiOn as to the right Of the Mayor 10 ILL.,
police magistrates, reported thereon 20 ,nu M sss
that any expression Of opinion on ne Of me cir
rendered unnecessary by the decision VI tuI
cult Court and recommending, III I.n
that Immediate action be taken to place the Poiice
magistracy of the city on The answer of the
Accompanying the report va nv ~ ~ ~
Corporation Attorney, VINO say . a. ...
mpnication of the Mayor to your Board OF the
I.rh inst the subject of which was by order OF
that Board the same day directed to be referred
10 me for an opinion TO D. transmitted 10 your
committee.
. IL has so occurred tina; / am to-day dispensed
from the necessity Of giving any opinion In the
PREMISES since ii is authortaiyeiy decided by the
HIGHEST Court having cogniZance OF the matter
16e Circuit Court of this District) in conformity
with the grounds taken by the Mayor In the above
mentioned communication.
GIn the case OF Geo &c Parker ae ainst the Cor
marathon. an appeal from the judgment OF one Of
The MAGISTRATES setting Police Magist rates under
appointments made in pursuance Of the :, Act to
o:panize a Police System for the city of WASH
inSton'' (Shehan's Digest 1887 the objection be-
Ing taken that the judgment below was corGnl
non jadice and void upon the grounds stated In
the Mayor communication, the Court unanimous
ly held il so clear that the appointment was in
cOntTavention Of the Charter, and void, that they
refused to hear argument against the Cooperation
and only heard argument In support Of the exist
ing evidence.
And the judgement Of the CouIt Is, that the
proceedings before the Police Magistrates elected
under the aforesaid ordinance are absolutely null
and void; that the Police Magistrates are Officers
Of the Corporation, who not being OF any class
excepted by the terms Of either Of the charters
from the powers confded to the Mayor by the 81
section Of the charter of 1S2O must be nominated
by the Mayor. NAV be removed - at his Will and
pleasure and in all respects are upon the footing
OF other officers of the Corporation, not within
the exceptions above alluded to. IL follows,
therefore, upon the principles established BY the
Court in this decision, that to enforce the COTpo-
ration ordinances is necessary that Police Nags-
!-ates be appointed upon the nomination Of the
-
Board of Aldermen; and that the offices OF Police
Magistrates throughout the city, are now in con-
temptation of law vacant
Mr. smith commended that ''the Corporation"
consisted of the Mayor and the two Council
boards and that. BY the decision Of the Court
one branch of the Corporation, viz: the Board
of Common Council, was put aside.
The matter was further debated. when
A communication was received from the Mayor
submitting the same nominations fOT Police Mag
s<trates sent in at the last meeting.
Ia q RiOOS a
COMMITTEES was accepted and the nominations
were taken up.
Samuel Drury was elected police magistrate of
First District-yeas 9, nays =
John ID. Clark was rejected for Second District
yeas 5, nays 8.
+ J. Murphy was rejected for Third District
Jno. III. Goddard was conf rned for Fourth Dis
tTiCt-ycaS q, NAYS So.
VIM. Thompson was rejected for Fifth District
-TeaS 4, nays Z.
James Gull was confirmed for Sixth District
Veas 3. nays =.
Danl Rowland was confirmed for Seventh Dis
tIIct-vfas .. nays 3.
Mr. smith, from fire department committee,
Tcported bill making an appropriation for
building for the American Hook and Ladder
CusapaHy; passed.
SIR Moore f-om the committee designated to
examine the tax-salc advertisement, published
this year, reported that they discovered at least
three hundred and twenty-f0ur defective adver-
tisemeBts, mainly so from imperfect descriptions
Of the lots advertised and that they Were in
formed BY the Tax-clerk that the Textbooks, in
nearly every instance, afforded the data for a cor
rect description.
Mr.. Smith, from same committee made mi
nOrty report to the effect that they found three
hundred and twenty-fOur failures To describe the
property fully, and one hundred and thiTty-t
Sases where - subdivision was indicated by
ihr letter So The first class of errors they
consider sufficiently fatal to vitiate the sale, the
latter not so These errors were found in the ad
.eTtiseInenis Of preceding collectors, and weGe
att. ibuiable partly to desire, the part Of the
collectors, 10 save the property holders the heavy
expense OF advertising full description, and
pastly To defective transfers The opinion was
"xpressed finally that the purchaser was secure
IN any event, as the Corporation guaranteed
IetuTn Cf the purchase money in Of defective
sale with legal interest, and made the Collector
liable for costs Of sale.
The reports were received and the committee
discharged
ilOuingshead transmitting his resignation as DO
lice magistrate Of the third district; laid Oh the
Iabie.
Mr.. Dove offered resolution inst.ucting the a.
nance committee To report bill fixing the rate Of
taxation for the ensuing fiscal yea- at IS cents ON
The bundled dollars laid on the table
Council bill for the repairs Of the CORPORATION
Plat-bOCks was passed.
Mr. Moore presented a bill foT grading street
north ffom Third street west to North Capitol
street referred TO Improvements committee
M Houston from finance committee reported
GAck Council bill aPPfopriating 81, li0 - 10 pay
NesPaslan Ellis for advertising tax list in the
american Organ passed.
Mr. Dove offered a bill foT the relief OF Union
me- department; referred 10 fire department CON-
Lh.ttee also, bill in relation 10 hucksters re-
fcrred -
And then the Boa:d adjourned
Common CoEHciI.-The Boa.d met at the usual
hour S N'3'
The Chair read a communication from the CITY
surveyor IN relation to Forsyths Plat Books; re
fe.red 10 committee OF ways and means
Also communication from the Mayof in rela-
ION 10 the removal OF the iron fencing around
lh1 capitol Square, to Judiciary square; refer
Ied 10 Improvements committee
= Also one In relation to Improvements in the
NNAiAi'i'- |
MI Met utchen, on leave, introduced bill TO |
ShtAC,,Le improvement Of Second street west
irLied to Improvements committee
feilllons Were presented one of NJ w Fales ,
anu others one Ok J F. Brown and Others In 70
Iat0n TO i certain alley; one of n n Nitrbsu |