Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-03


CRY COUScTLs-Board of Aldermen The
board met at O'Clock, p. m, yesterday, the pres
ID ldent W.T.. Dove, Esq, in the chair.
communication was received from the Mayor
returning unaPPrOyed two bills, one entitled g An
ac' snthorizing the erection of a nlarkethouse in
The Seventh Ward - and the other IAN act for
supplying the Washington Asylum with water,
and to protect it against lig htning."
Mayor B., in giving his reasons for the veto,
states In the first place. that the charter OF the city
mas provided rs with government in which the
Legislative and executive functions clearly SEP
araied and defined. This distinction, he holds, In
OF vital importance, and should be scrupulously
observed. That we had no legal power to act. or
20 olnd In any respect the people of this city,
elthet In person property Otherwise than I'm ac-
cOrdance with the fundanIrntal principles OF the
organic law II those ordinances 1.-THE vetoed ones)
Were found after careful consideration to be ~
Pugnant TO those fundamental truths, the Councils
would, he was confident agree with him that they
could not become the law. He states that they are
backed IN some sort by precedent, but, notwith-
stinulng that- they had no more authority than
that which belonged to them, as measures adopted
without any attention having. at the time been
drawn 10 the objection now made; and, convinced
as he Is that the objection he makes 10 radical
and lnsuPerable, he cannot consider il az part OF
his duty to recognize any such precedents
The act authorizing the erection Of a market
house In the Seventh Ward the Mayor objects To
because the second section makes the execution Of
the work inconsistent with the office and duty of
the Mayor. IL reduces that Office to 4 mere ipher
the Mayor Of body Of those created for the oc-
Casion to cause TO beexecuted law of this Corpor-
abon. further objection presented itself i'm that
In this triumvirdte majority was to be compos-
Ell of representatives Of the two boards which COM
Pose the Legislative branch acting in their capac-
1ty Of members Of each board respectively; and
this he holds maxi the legislative tread directly
on the executive toes and IL an attempt 10 over
shadow and control the Mayor in the discharge of
those duties for the performance OF which tine peo-
pie have elected him, while they had elected the
another very a fferpn pur-
pose.
The Mayor proceed, to elucidate his views, by
surprising case, .. .. that act of Congress il
passed to authorize the erection Of any particular
public work or contract, and providing that the
execution of such act be placed in the hands Of
committee composed OF the President of the Uni
ted States, ard one member of each House of
Congress, and then asks if everybody would not
pronounce II unconstitutional! would any man
charged by his election and by his oath with ex-
e"utive duty-feelisC the responsible of the
former, and cOmprehending the Iatter-cive his
assent to such an infringement Of the prerogatives
Of his Office, and disturb the balance of the fun
damenta law This is put as parallel case with
the one under consideration. He holds that our
municipal government is a miniature of the Fed
ru Government. and that of the States generally
aud the same principle characterZes all our mu IL
ClPdl governments which have been framed with
due care and forethought
The Mayor states that while he holds the Office
which the people have elected him to- he shall
every endedyOr To avoid the slightest inya,ion
Of the chartered rights and privileges Of the two
that there be no invasion Of the rights and preroo
atives of his office. He does not propose to place
himself in tutelage, nor suffer himself to he con-
trolled, by voluntarily becoming one Of a COM
mltee of three for the proper barge Of his du-
ties. Whilst he does not doubt Of the superior
wisdom Of the two boards. they and the Mayor
derive their powers from tue same source, name
". the confidence of the citizens and the charter
of Congress. and with view to those alone they
were to estimate their respective responsibilities
The saline principles which apply TO the above
ordinance, the Mayor holds apply in equal sort to
the " Act for supplying the Washington Asylum
with water and to protect il against Liz htning -
Mr.. Huntington moved that the communication
I've printed and made the special order for next
Monday evening.
Mr.. Smith hoped that such a course would not
ne taken lie had great respect for the opinions
of the Mayor, but at the same time he had the
fullest confidence in the common sense of the two
boards. and their capability Of legislation within
the provisions of the charter. He took the ground
that the two boards had the power To appoint the
Mayor to act in conjunction with a committee of
them 10 discharge the general duties connected
with any temporary matter There an i'm
portant question involved in this matter. II was
that the rights Of the two Boards should not be
euTtailed by any assumption of dignity or Of al
legged invasion Of executive authority This bill
for the Seventh ward markell house. provided that
II was to be built by the contract awarded to the
lowest responsible bidder, and II was for the
Councils to see those provision. carried out in
conjunction with the Mayor. Mr. 5. stated that
he had TIE highest regard personally for the May
or. and II was painful for him to oppose his course
In this case; but he stood here to defend the dig
nifty and rights of the two boards as well as those
OF his honor lt was not compensatory nor
general duty u wos but temporary. and there was
no conflict with the executive authority Of the
Mayor IN appointing him In conjunction with the
two branches of the Councils to assist in suPervis-
ing the works provided for in the vetoed bills
TIE qUsiO recurring upon the motion Of Sir
Huntington To print and make the cOmmunica-
ton the special order for Monday next
Mr. Moore stated that far as one Of the bills
was concerned, he knew that it was drawn up in
accordance with the charter and with previous
legislation Of the Councils. lie would like to SEE
the message printed, and much of it as related TO
the almshOuse referred TO that committee
Mr.: A. w. Miller did not consider this a matter
ofoPiniOn, but one Of law. This committee were
officers Of the Corporation, notwithstanding thew
were called a committee. They Were appointed
10 cXPend the money OF the Corporation He
was right
Mr Dove stated that he thought the message Of
the Mayor set forth strange doctrine, and for one
be should sustain the motion to postpone its con-
slderation till next Monday. The Mayor thought
he should be CT pher in the hands Of the Corpo-
ration if he was appointed on i committee to see
The work Of the Corporation done. lie held that
the Mayor, in performing his duty should cOnine
himself strictly 10 it.. Why, then, did he speak
IN his message Of questions now pending before
these boards, He held that it was competent for
these boards 70 appoint joint committees. No Joint
committee could be committee Of the Corpora
ton unnss the Mayor connected with it, The
Mayor was not power 70 hold in check the boards
but the boards to restrain the Mayor.
Mr. Barry held that the Mayor had an undoubted
rnt 10 veto any Dlls ne cnOSe TO- out ne held that
u was direct insult TO the Councils for the Mayor
TO travel out Of the record and allude in his mes
sage 10 questions now pending in this board He
was sorry for the necessity which compelled him
Ia make such structures on the chief executive Of
the city. but Il was his duty to do SO.
The question on the motion To refer and make
the special order being taken, it was carried-ayes
., naysl.
The petition Of VIM. It. Steiger and others, for
tue closing Of an alley in square ~, was referred
to improvements committee
Mr.. Thomas Miller, from improvements COM
mIttes, reported bill to improve the drainage in
sluare SIS; passed
Mr. Thomas Miller introduced a resolution in
siTUctng the public schools committee TO examine
and report To this board the condition of the public
Shool houses, as To whether they properly ven
ulatsd, and, II they are not To report a plan by
which they may he properly ventilated, and the
cost Of tire same
Mr. AW Miller introduced the following reso-
luton:
RsSOirtd. That the MavOr he. and he Is hereby.
requested to furnish To this board the opinion Of
the Cooperation Attorney. alluded TO in his