Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-07-26

Mf. Ward moved Chat the question be taken on
On motion, the ballot for each Cemsnis ed o,,er
was ordered % be taken separately e. sr l--sr'r a
The first ballot being for VIM. Ome for Com
missioner Of the Centre market - = 1I : sI- ass
Mr.. Magruder moved that the evidence t,t.en
in the case of the Centre market Commissioner
be read, which was read. and the compliance az
The witnesses were read by Mr.. Miller. ~ q 4
The ballot for Mr.. Orme was then taken and
" votes We're cast, of which there were s for CON
hrmauon and for rejection, and two blanks: no
there was no election. The ballot being taken
again, II votes were east of WHICH s ySere ~.
Confirmation and for rejection; md the nom, M
ton was declared to he rejected rI--' - 80
The next Commissioner voted on was Hudson
Taylor, and ON the first ballot IL votes were cast
the nominee receiving all and he was declared
duly confirmed. - 80. - y n
The ballot was neat taken ON the confirmation
OF Bucknef Bayliss, and the first ballot IL votes
therefore declared rejected
Lawrence A; Tuell and VIM H. Keilholtz, were
duly confirmed commissioners of the Eastern Mar
VIM. Brown and Andrew Carroll Of IN. w...s,,
Market, and jas. F. Devine and John Bowling OF
the Northern Market were confirmed -
inc BOARD then took up the nomination of John
waters Tor CLERK OF the Centre market, and Jos
Lyons for assistant clerk, and both nomi nations
were confirmed - ~ : - 80,
Sylvester F. Gates, YIN. Walker, and Geo. d
Spencer, were then severally confirmed as clerks
of the Eastern, Western, and Northern msrsets
MT. Moore, from the special committee on the
complaint of August Miller, as the recent assess
msnn OF the stalls Of the Centre Market, submit
ted report, as follows: ,r...
WASHING TON, July IS, 1859.
To the Board Of Aldermen: - = : -
Gentiemen: The undersigned having been In.
strueted to inquire Of the law officer Of the Cor.
Poratiou a. to the legality Of the annexed bin.
reported on Monday Last by the special cofnmittee
to whom was referred the complaint of August
vegetable and other stalls in the Centre Markell
respectfully reports =
That he performed the duty assigned him bv
enclosing 81 70 James NJ Carlisle Esq, the Attof-
ney OF the Corporation, copy Of the said bill
accompanied by brief note, Informing him of
the proceedings Of this Board in relation thereto;
aud In reply to this note, Mr.. Carlisle favored the
now has the honor to lay before the Board az a
part OF this report Very respectfully. etc,
!Ihe Dill alluded to in the foregoing Is one
entitled bin In relation to the recent sppraise
ment OF stalls in the Centre Market, which pro-
poses to leave the matters of complaint 10 three
holder, OF said market and three citizens, fdsin.
in case Of equal division, and making their de-
cision final. -.. ~ = - =
The CORPORATION ATTORNEYS OPINION
OFFICE OF CORPORATION ArroRNEY.1
July %, 1859.
communication, with a copy of the proposed hill
OF the Board of Aldermen. in respect of which
You consult me by direction of that body. The
Jill 10 dS 10 the matters
which IL is designed TO refer to the arbiframent
and award OF certain persons. But Understand
the fact TO be substantially follows; Under the
ordinance entitled an act to regulate markets the
stalls and stands in the Centre Market have been
regularly appraised, valued and assessed ;" and
thereupon have been let for the year commenciny
the LIST instant; and that complaints have been
made that this assessment was exayperatrf NV the
officers of the Corporation entrusted with the dntv
OF executing the ordinance in question The bill
ProPosSs that the individuals complaining shall
sslecI .nree OF their own number, or ian alterna-
i've not likely to be adoptedl three not of their
own number, and that the Mayor shall select three
from certain class of citizens and that these six
In case OF equal dirision Of opinion - shall select
an umpire at large. and that to this body shall be
confded the duty ito examine, r,rt,,r ana rbonp,
| sad dPprdiSenent in such manner as 10 max. ~
Just, equal. and satisfactory so far as n mar D,
possible 10 do, and their action shall be final in tie
| prsniSes.n
In my opinion, such delegation Of power to
| private persons is wholly unauthorized by the
| charter ii the present mode of assessment and
letting is found to be unjust or inefficient an or
1 dinince better adapted TO the purpose should he
passed and executed by officers of the CORPORATE on
In the mode contemplated by the charter IL the
Cooperation he satisfied that the contracts entered
| into for the current year have been oppressiveIy
and unjustly procured, it is doubtless competent
| by ordinance to annul or modify them on the ap-
Piicatlon OF the parties injured. But the scheme
Of this resolution seems to me repuynant to the.
| nature OF government. and certainly without any
| countenance from the charter. If the same plan
L IT,
prasenent Of real and personal property the ,c,1e
Of licences for retailers, hue ksters pedders auc
| tloneers. hackney coachmen. etc. ETC. land 1
perceive no reason which would forbid in any and
all OF these cases if it be admis BILE as to the mar
kets.) II would be observed at once that the city
Will be governed in the main not by the corn6-
| rate authorities but by special tribunals COM
posed OF private private persons. and in part even
81 those upon whom the respective powers granted
| by the charter are especially to operate for the
general good. Very respectfully Yours, etc.
| ..r j. NJ. CARLISLE.
| Attorney of the Corporation. +
The report having been read -
MI Moore moved that the opinion Of the COrpo-
ration Attorney DE printed.
| publication.
| Mr.. Pearson sustained the view taken by the
Corporation Attorney, and commended that the Cor
Poratlons Legislation should be confined to the
powers granted by the charter.
MI Moore addressed the Board further in behalf
OF his motion, stating that it should be given to
the public for the benefit Of the Legislators of the
Corporation, both those existing and those to
| be elected in the future.
| Mr.. Donoho did not think the matter of enoup b
/ importance to justify the expense of printing He
moved to lay tue report and opinion on the table;
| carried, and the papers were tabled
MIR. Moore then offered resolution authorizing
the publication of the aforesaid papers with the
/ proceedings Of the meeting.
| The Chair decided that there could be no motion
4 taken on q paper not before the Board The
papers being laid on the table, were not now
i DclOrc the Board.
Mr.. Moore withdrew his resolution for amend
| ment. '
| The general appropriation bin was then taken
up, az reported from the lower Board, that Board
| having amended, and also rejected some of the
amendments made to 1t by the Board of Alder
| men.
On motion, owing to some uncertainty as to
| some Of the amendments added by the Board of
Common Council, the bill was ordered to be
| returned for explanation.
1 FURTHER BILLS PASSED. rH..
| bill to lay the Water mains on Tenth street
| west, from Pennsylvania avenue to street north
| and along street north To Ninth street
| bill from the lower board to Law the Water
| mains In Third. Seventh Eleventh, and Four
| tecnth streets west, and G and ID streets south
from FOur-and-a-half To Twelfth street. and along
| Twelfth to G. and along to Fourteenth streets
| Mr. Moore then offered his resolution as amend
ed II being resolution to take from the table tl
| opinion Of the Corporation Attorney before al
printed. -.- -.-. -
| Mr. Magruder opposed the passage on the score
| laid on the table. ~ = = -, =
Mr. Moore then called for the ayes and noes ON
The passage OF the resolution, and the question be-