The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-27
PROCEEDINGS OF THE CITY COUNCIL

THURSDAY, May 26, 1859.
FIRST BRANcH.-Branch met pursuant to adjourn
ment Present-JoHN 7. FoRD, Esq, President,
and all the members.
Mr. BEALE presented the petition of WIN. B.
Perine and Others asking a change of the grade of
North Charles street at its intersection with Chase
street. Referred to the Com lite on ii ghways.
Mr.. ADDISON presented the petition of Henry
Tavers asking that certain piles sunk Light street
wharfby him may be allowed to remain. Referred
to the Committee on the Harb0r
Mr.. MULES presented petition from the property
holders on Eutaw street asking that the City Pas
senger Railway track may be laid that street as
provided by the ordinance. Referred to the Com
mittee on Highways.
Mr.. BEACHAM submitted an ordinance to facilitate
the duties of the City Surveyor, providing that
when certain information cannot be received about
the ownership of property. the Surveyor shall pro-.
coed to obtain such information from the record
office and charge the property with the expense
Mr.. BEALE presented resolution adverse to the
widening of Light street wharf, and referring the
subject to the next annual session of the Council
Mr.. Balm offered resolution appropriating 200
dollars Tor painting the railing around Franklin
square. Read second time and adopted.
Mr. BEALE submitted an ordinance providing for
the building OF steam dredging machine and ten
scows for the of the Harbor masters and au-
thorzng the Comptroller to advertise for the build
ing of the same.
Mr.. HYNES offered resolution directing the City
Commissioner to have a new fence placed between
the Eastern police station lot and the lot of Public
School No. 2, and apprOpriating S75 for the same.
Read second time and passed.
Mr.. BEALE offered a resolution authorizing the
HarboT Master to remove the distractions and to
deepen the channel of the South Branch of the
Patapsco river, and appropriatng 81 900 for the
purpose.
Mr.. Talbot offered resolution authorizing the
placing Of steam ire-plugs at certain localities.
Passed.
Mr. WooD offered a resolution relative to the
laying of gas mains in certain sections of the city,
and looking to laying proportionate number OF
feet of pipe in each ward Of the city, but giving
larger number of feet to the suburban wards.
Passed.
Mr.. HENDERSON offered resolution directing the
City Commissioner to have the grade of President
street, at Fawn street, altered. Referred to the
Committee on Highways.
An ordinance authorizing the Mayor to accept a
deed of ceSson of the Hartford turnpike living with
in the city limits, was received from the Second
Branch and read.
Also resolution granting permission to Francis
Il. King and Galloway T. Chcston to sink a well or
Lexington street in front Of their property. Read
a second time and passed.
Also resolution referring the petition of James
Baynes asking compensation, &C., to the Commit
tee Claims. Passed.
Mr. WooD presented the report of the committee
to whom was referred the matter of selecting site
for the Almshouse building The report
states that the committee have been unable to de
eide uponehe selection of site and ask to be dis
charged, and bring the matte" before the Council
The Report was laid on the table and made thu
special order for Tuesday next
Mr.. ADDISON called up the resolutions directing
the sale OF the Male Central High School building
at sum not less than $50, 900, and the selection
lot for the building of school,
Mr.. TALBOT moved to strike out the resolution
directing the sale of the present building.
The motion was opposed by Messrs. Montague
Wood and Newman, and advocated by Messrs
Talbot Beale, Balm and Randolph.
The motion was agreed to.
The Branch then adjourned until tomorrow
afternoon at o'clock.
SECOND BRANCH.-Branch met. Present-WT,
LIAM McPHAlL, Esq, President, and all the mem
bers
Mr. TAYLOR offered a resolution to place fire
plug at the corner of Green and Saratoga streets
Referred to the Committee on Fire Companies
Mr.. ELLTCorr presented a communication from
n 7. Cutler President of the Union Railroad. con
Meeting the ParkerSburg road with the Marietta
and Cincinnati Railroad, asking assistance to build
that road; which was read and referred to the com
mttee on Ways and Means.
Mr.. ELLIcoTr presented memorial from j. II
Stone and others, residents of Lexington street
west of Pearl street. asking that sometime NAV bt
done with the sewers on Arch, Pine and othe,
streets. Referred to the Committee on Health,
MI. ELLICoTT presented an ordinance to enable
the Board OF Health to keep more perfect register
OF deaths, diseases, &c. in the city. Read and re
terred TO the Committee on Health.
Mr.. Cook presented resolution to place steam
hre-plugs at the corner of Exeter and Low
streets, and on the corner of Cav and From
streets. Read and referred to the Committee OF
Fire Companies
In obedience to resolution of the Branch. tn
following communication was received from tn
Counselor OF the city. Read and laid on the table
BALTIMORE, May %, 1859.
To the Second Branch Of the City Council:
Gentlemen: The Counselor of the CITY has hand
ed to me your resolution Of the Odd instant with
request that l would reply to the question contain
ed IN IT. GU desire to know whether the bill en-
titled AN ordinance for the approval by the Mayo
and City Council OF Baltimore of an act regulatin.
the sale of fresh meats within the limits Of tn
city," passed by the First Branch ofthe CITY Coun
Gil, would be legal and operative if concurred in b
your Branch and approved by the Mayor.
The act of Assembly to which the above men
TONED Dill refers was ratified the 10th of March
1886, and is entitled can act to limit the paces fo
retailing certain articles in the city of Baltimore
Its hrst section renders it unlawful for any per
son to engage IN the business of retailing fresl
slaughtered meats in the city, except within tn
market-houses, &C.; and it provides a penalt,
against every person who shall violate the act O
gu Tor the FIRST offence, and $50 for the second of
fence, to be recovered before a magistrate &c
The second section declares that the act shall or
into effect from and after the date of its PASSAGE
provided the same shall be approved by the Mayo
and City Council of Baltimore
1t Is now upwards otthree years since the alloy,
law was passed, and as, by the words of the act i
is made to take effect from the date of its
upon the approval of the corporate authorities, il
passed into an ordinance could give effect and one
ration to the law, every person who has violated
its provisions by selling fresh slaughtered meats
will be made an offender by relation from the date
OF tne law, ana VIII be liable to a penalty of SIC
for the first offence and $50 for each subsequent
sale down to the approval of the ordinance by the
Mayor
But do not think the bill in question, if passed
INTO an ordinance, can have any such effect; be-
cause 1t seems clear, upon a Just construction Of
second ri thott ba -;
at this late day, has authority whatever to act
IN the premises.
No time within which its action must be taker
lsspeclhed in the law; yet | apprehend that mas
nucn as tne power OF approx al has not been ex.
erted within reasonable time, it cannot, accord
ing to the intention the Legislature be exercised
at ALL After the lapse of more than three years. t,
give effect now law which retrospectively woult
make offenders of so many innocent persons, woult
be as unjust unreasonable, and could never hay
been designed by the trainers of the act.
The power granted by the Legislature was in
tended to be occasional and very speciain its cha
acter, to be exercised in reference to a subject a
the time of very general end exciting interest
But il the view here taken be erroneous it seem
to me that the Act OF Assembly cannot be now rem
dercd operative upon another ground. Soon afte
its passage, an ordinance as | understand was in
troduced by the then City Council, in pursuance c
the said second section, which did not become law
put upon full consideration was rejected. | do no
know the day when this occurred; but whenever
was 1t constituted exercise of the power granite
by the Legislature, which was exhausted thereby
and gone forever; so that, in my opinion, any ord
mace passed upon the assumption of the existenc
OF any such power will be a nuty.
Respectfully, your obedient servant
u. l.. DELANEY, Acting City Counselor
The resolution adverse to the sale of the Calyer
street spring lot was taken up and passed.
4 resolution to authorize John WhitelocS f.
erect and use a steam-engine on his property
southeast corner of Alice Anna and Washingto,
streets, and resolution to authorize John s
Reese q Co. to erect and use a steam engine O,
their property, near Robb's sbip-yard, were re
ceved from the First Branch, read and laid on tbs
table. ~ va wv
:, Mr.. VAN NosTRAND presented petition of Jno
,. Reese e Co., asking the privilege of erecting (
ooaru shed on their premises to store guano Re
lerred to the Committee on Fire COMPANIES
resolution to improve Union and FrankIi,
Squares at cost of $780, an ordinance to increas,
the compensation Of the superintendent of street,
TO s600 per annum, and resolution in favor of tht
securities OF John Davis, late port warden and an
ordnance to increase the salaries of the turnkey,
OF the station houses to So so per week and an or
olhance TO open Calhoun street, between SARATOGA
ana Lexington streets, and an aIlev between Gal
houn street and Norris alley, were severallv re-
ceived from the First Branch Read and Iaid m
the table. N '''N VII
Mr.. CATHCART called up the ordinance in relation
TO the opening of johnson street from Dayid's Fan.
ey to Cross street, and to change the name n,
" washington street to johnson street Read and
re-commltted to the Committee on HIGHWAYS Adj
journed. <hu'
THE CHESS CHAMPION.
Inc long talked of ovation to Papl Mor,b .,-
place IN University Chapel New YorG F.5 NJ oN