Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-17


CRY COUNCILS Board Of AldeymeH.-
Board met at the usual hour, the President w.
L. Dove, Esq . in the chair.
A communication was received from the Mavor
announcing in the following terms his refusal to
sign the - Act regulating the distribution Of the
Potomac water throughout the city of Washing
tom
MAYORS OFFICE, May 16, 1859.
To the Board Of iidsrM.H:
6entlrmen: 1 regret to he Obliged to return as |
now do, without my approval. the ordinance en-
htled An act regulating the distribution of Poto-
mae water Throughout the city Of Washington
In obedience To the charter, I proceed to state
the reasons for withholding my signature to this
act
In my message Of the I'd instant, the general
principles governing my conduct upon questions
concerning our relative duties and obligations
under the charter are sufficiently stated / have
nothing to add or To retract in that behalf
III Only remains Tor me to call your attention to
the application Of those principles to the matter in
hand
BY the twelfth section of this ordinance. You
propose that ! shall attend your meetings. and
witness the discharge by you Of duties which are
IN their nature incident to the office held by ne
FOR any purpose whatever, except the taking of
INV Official oath. 10 is proper for to be present
al lnint meeting of the two boards, at their
meetings Sevcrally. But for the particular purpose
Of giving tacit sanction to proceedings in which
IL - possible that | can take any art whatever
and which are Ia result in absolute award by
Won binding the Corporation to contract it seems
To m" that my presence would be emincntly inl-
proper
The proposed ordinance directs that bids Tor
the contracts which ID contemplates shall lie made
in duplicate, and - transmitted copy - to
the President Of the Board Of Aldermen and one
copy Ia the President OF the Board of Common
Council" The Mayor is. by the terms of the
dinanCe, apparently exported TO he present; but
thu event of his failure to attend il is provided
that the contracts shall I've absolutely awarded
''fhc Mayor being GbSSHf;' I am unable TO per
ceive any possible ground upon which such a
course of proceeding can be recOnciled with our
respective functions rs defined by the charter. In
approving il, ! should, in my Judgment, assent
to a complete eItinguishment Of the distinctive
duties of the executive and practical
of the boundaries between which Congress has
Thought il wise TO erect
] will only add, that if any occasion can give
peculiar claims upon for the most scrupulous
attention To the Will Of Congress expressed in
the charter, il would seem To tie the present when
about to avail ourselves Of SO bountifuI and
munfcrnt gin. Although have not been en-
hdrraSSed by doubts to- the true construction Of
tine charter, fer il relates generally to tue
spectIvrfunc of the Mavor and the two Boards
nor IS To what should be my in this special
case, Yet, In oder To commend my action 10 the
more favorable consideration Of the Board with
which. very mnch 10 my regret find myself
con PEELED tn differ, have requested the Corpo a.
tl"h Attorney, who, by an act Of May 18th, 1883,
Is Htde the legal adviser Of the Mayor. to examine
the p'fti""iar question of disagreement and give
IN" rs opinion thereon in writing. To that
opinion. Which herewith communicate. ond
which, from the lrStly -deServed professional dis
tncon IF its author II is hardly necessary for me
10 Siy Is entitled Ia your attentive consideration.
TesPe fully refr containing more at length the
Special grounds upon which have felt myself
imPelled To- withhold my assent TO tie bill ia
question. Very respectfully,
JAS. &. BERREr, Mayor.
OFFICE OF CORPoR ALTON ATTORNEY.
WASHINGTON, May II. 1859. (
Hop JrS. q. B,Usf, MpgoT:
Slr-ln compliance with your request ! have
examined and considered the 18th section Of the
Act regulating the distribution Of Potomac water
throughOu the CT Of Washington, - with view
To- the question whether the provisions Of that Sec
ton are in conformity with the charter.
On a recent occasion il became nv duty TO ey-
press to you what, ! entertain no doubt, are the
tue principles Of our city government in respect
of the relative functions Of the Mayor and the two
BOdrds These principles indeed, are so obvious
and 50 nseParable from the very existence of that
government, as IL has been created and defined by
Congress, that do not think any candid mind
can seriously dispute them. IL they are found to
he irksUme unsuited to the eIigencies OF the
times. or Of any particular occasion, they are
nevertheless bidding until the charter shall have
been essentially and completely changed; and this
change can only be accomplished by the DOVE r
which brought the Corporation into istence In
Its present form; nor IS II possible for any inge-
nHlty tn devise Il plan or scheme which shall dis
r~r"rd ~, > PrinriCi's and practically confound
III" legislative and executive duties without a
plain violation Of the charter.
IL EdS not been the pleasure oS Congress to en-
trust the government Of the city to a single assem-
bly,. or 20 two assemblies; but to- a Corporation
c"rnpnSed OF two boards. differently onsiituted
and Il Mayor, who is not the agent or servant of
The Two boards but coordinate and independent
branch OF the government. having with u quail
ned participation IN tie making OF tine laws the
eNrluS.Ee duty Of SEEING To their faith ui eye, ution
IL was from regard To these priHcp that felt
pound t0 advise YOU. IN the regular course OF INV
on iiI duty. that the two Ordinances referred To
IN your Hr>sag" of the I'd instant were not in
fOTmity with the charter
am If opinion that the 18th c'iOn Of tie Water
act, is liable 20 the same objection. It's whole
scneuIr IS so ftr As ain infOrncd) an entire nov
city IN our city legislation. IL hos for its object
not the making Of a law To be executed In tie
usual way, but the conversion Of the two branch,
Of the municipal legislature into a sort Of adm isl;
lstratIve board to open and examine bids, and
award contracts among the bidders. the Mayor
being invited TO be present at that proceeding in
some underlined, and 20 me not conceivable Ca
pScity. without any power under the charter To
participate Al all in the business, even to open
his mouth, by way Of making any observation
Upon II IL proposes that he shall personally
attend the Councils ia his capacity Of Mayor
20 Sre the Pr g dent Of the two boards open
th' duplicate bids which To be Addressed
To- them respectively, and TO witness the process
IF carefully examining and comparing all the
Ie'eiv'd proposals., and after he has performed
i,s Insignificant ceremony, :. the sand Ciiy Conn
C'l shall OIcdrd by ordinance Of the CORPORA
ton lie contracts nbSalp'>iV TO the lowest rfspous
tbr bidder or bidders - hut = if from airy 1anse
rIS EGVJ SPOsf IN! 10 he yrsSsH, ar the sGd jaIsf
t1.f'"s thHf hsH ami iH fhqf rr,s ~, frro Jn1yJ,
Sh1 ITcrS'5 - make NHId GrrGrd fhe Ma yer BsIHg
as m, the sid award having been by the i'm
10 bC absolute. In other words final and coEcIu
syo, vfstln2 IN the bidder So selected LEGAL and
perfect right against tine Cooperation.
In niy opinion, To- sign such an ordinance would
be formal and understandable surrender IL the
Independent trust aud duty which the charter ha,
imT"ssd urOn the office Of Mayor. and fer the exc
CuiIon Of which the people Uf this city have been
pleased la elect Won.
ain, siE. very respectfully, your ob'i servant
J. NJ. CARLISLE. Attorney
Mr., Brown hoped the opinion Of the Corpora
ton Attorney would De read.
MIR smith had serious doubts about taking
voluntary opinion now. inaSmuch as this E"l.d
lad not called for it. However he would state
thlt he had high opinion OF the author Of that
document, and the utmost confidence in his legal
ability.
Mr. Brown withdrew his motion for the read
Ing, end tnc opinion Was not reed
4 communication was received from the Mayor.
nCinlmaiing John Castell commissioner Of the
I.-stern Market, In place Of George w. Johnson,
resigned; referred.
Nj Eiggs. from finance committee reported
adversely uTon bill for purchasing wood FOR the
poor, the bill was rejected
w Moore. from improvements comuitte,. IT,
for nm All