Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-08-23

The Mayor had endorsed fhsss esnsiemsn snd Ss
would now like 10 know the reasons of the com
nhuee Tor Recommending their rejection, when
who must have been equally guilty with Their,
had they perpetrated any unlawful or uninst act
Mr.. Miller alluded to the fact that the special
committee to whom bad been referred the late an
praisements of the stalls In the Centre Mariet had
reported these aPPraisements az Generous and an
lust .,,, and went on to urge that the nominees in
qe1uon were not Qualified for the position 10
which they had been nominated. Insustice h.J
been to individuals by their action. >'
MIR. ponoho held that persons to whom inius.
mac oee a. done had their redress They could
III .he regular way, and not bear down on the
nominees whose action had increased the Como.
RATION revenue to a considerable extent.
MI Dove thought the Mayor was deteruin ed
TO persist In his singular action. He could not
conceive what his motive could be n wa.
a aHeGb OF tights and he had disposition to
T.,aJ ,vi,h n1 as member Of this board inter
nfst, but when they had been rejected and ag,in
1shomlnated in defiance Of law he had yotad
Wa s,ns' - tneir continuation on principle The
n,dyof Oh course could renominate AZ long an he
enose-no one could help that but could he do 40
legally. The speaker thought not. and thintinU
50, mould govern his action accordingly
Mt McNerhany made warm address I'm behalf
| OF tne nominees. contending that the Mayor. in
sending them to tbs board, had but done his d1tv
ne ieit satisfied that the Mayor had no feeling AZ
anun Ia .hs matter beyond the discharge Of his
oounden duty as the nominating power. In clos
ton: 5000 t.- ~ - iSsoA"-
ResOlred, That the report of the police commit.
,se upon The nomination of Buchner Bayliss and
| ia. Orlne be referred to the ATTORNEY of this
corporation, and that his opinion be invited as 10
| the power Of the Mayor to make said renomina-
tions; and that the further consideration ~ aid
denominations be postponed until Monday NEXT.
MI; Miller objected to the resolution as being
| and based his argument mainly upon the decision
Oh Tue circuit Court in the case Of Miller agt the
Mr.. Clark sustained the views advocated he IN.
other side; and contended that the law nassed
year oy the Councils changing the sessions Of The
lwo boards mad provided for this action on the
PSrv .. 1ne Mayor He commended that the board
/ would not afford relief to the hue listers whose
stalls he confessed had, in his Judgment been nm
IGsay assessed; but that the proper way TO indem-
| Mr.. Magruder held that the MAYORS ftnes. N,
the once he he'd was not the question at issue a,
al, but the question Of the fitness of these nomi.
ne tor commissioners Of the Centre Market
Of M McNn, on a. iengtn TO answer the argument
Other discussion followed when mgr
me question recurring upon the motion Of Mr.
McNerhany, to postpone the further considsratio On
| uil next Monday; 1t vas lost. by ayes 5, Days7
Inc question then required upon the conirma
| uon OF the Commissioners, when
,,, mr.; Ward moved that the rule calling for
| naliot be suspended, and that the question be
| aken by ayes and noes. Lost, by ayes NAYS
| Then board then proceeded to ballot and the
nomination OF Buckner Bayliss was rejected; by
That Of VIM. orme was rejected by ave, 6
nays6. SECS e-ss .--.' '"o.>'N y '"i's "
On motion; the claims committee were dis
S Large rom further consideration Of the petit.
I'M. ByOyVn nd I'm
| From claims committee a bill WA passrd IN,
| the relief Of NJ. Pinkus 'O'
Also, bill for the relief Of Seth Hyatt.
/ from the schools committee bill was reported
back for the erection OF a school house In this
First School District, with recommendatio ion tbs
90 NOT pass; a similar bin having been passed
school,. Issa previous to the reference to the
| q"esnon fhe committee was discharged
OH 70 purchase proving machine for the
purpose OF testing water pipes, was passed
4 Also, bill amendatory to the Joint resolution
authorizing the purchase Of lot for pine ward.
| and the erection of guard house
/ Also, joint resolution in relation to the con.
u ,., Ior furnishing materials for laying the
1 summary Of the proceedings of the Water
Reg strar to July 81, 1852 was ordered to be pub
l nshed with the proceedings Of the Board
| Mr.. Moore, from the special COMMITTEE anno;nt-
| Ell 70 investigate certain charges by Jas A. Wise
against the officers of the Northern Market snh
United report declaring the said charges to be
II p
| the committe. VI
| On conclusion of the reading
Mr. Pearson stated that as the minority of the
committee, me differed with the report; and asked
that the report be laid the table in order that
ne might have an opportunity to make a minority
| report on next Monday night; agreed to.
Various bills from the lower boar were recej we'd
and properly referred.
bill to repair cutters in the Sixth Ward, was
passed. ~
| Also a hill MAKING an ,nn,on,;.,;o, =. Ii,
| James creek, between | and d streets south
The board then adjourned.
Common CoHnsiL-Mr. Jones In the chair, in the
absence Of the President Of the Board.
A letter Of thanks from Secretary Brent of the
| Nauonal Monument Society, for the liberal dona-
4 uon OF the Corporation, was received Also a
message from the Mayor, transmitting an impor-
amt communication from the President of the
| United States, as follows:
| MAYORS OFFICE
l WAsHINGTON, August ~, 1859 {
To the Board of Common Council:
| Gentlemen: Ii becomes my duty to return to the
Board IN which IL originated the ordinance of the
Corporation entitled IAN act authorj ling the rrec
| ton OF a markethouse in the Seventh Ward ,,
which approved on the Both of July last together
with communication addressed to ME by the
es IRE, OF me United States, dated the 18th in
slant, stating the reasons why he cannot give the
assent W hich section one of the act makes cond-
| ton to its becoming law
The letter Of the President is so full in its state
Il
vision of the charter in relation To the matter i'm
quest and SO conclusive to the correctness of
the opinion at which he has arrived that scarcely
anything remains for me to add beyond the simple
acknowledgment that the conflict between the
ordinance and the charter, which the closer scru
tiny OF the President has detected is decisive as
to Its fate and that ii cannot brcome a law i'm it's
present shape.
While the more careful exami nation OF the char
ter to which have been drawn by the letter of the
President has led me to ncurrence in his opin-
ion that there Is authority with or without his
assent partially TO close and obstruct any street
by the erection Of markethouse thereon - or for
any other city purpose, think it is equally clear
that the "oPen spaces and squares Of the city,
were, 10 use his language, 'wisely reserved i'm the
original plan Of the city for the purposes of health
ventilation, ornament and recreation and that
they cannot be appropriated for any purpose such
as the ordinance has In view. ----
IT, as have no doubt, this is the correct reading
OF the charter, the city must seek elsewhere than
in the streets or the open spaces and squares for
suitable accommodation for the market house in
question Very respectfully,
JAMES q BERRET, Mayor
WASHINGTON, August IL, 1859
Sir: have received your favor Of the I'd instant.
communicating for my approval an ord nance of
the CORPORATION entitled An nj h.