Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-23
WASHINGTON NEWS AND GOSSIP.


directed to our city affairs at the present time
in connection with the Mayors veto OF the
Water and other bills, we have thought proper
to look at the questions involved anu We sre
satisfied that the Mayors views are unsound
and most destructive in their tendency Il
His Honor assumes that the coordinate
branches of the city government have, In the
appointment of members of the two Boards to
act In conjunction with him in the awarding of
contracts, interfered with prerogative vested
In the Mayor by Congress; that this Corpora
ton is a miniature Of the Federal Government,
and such power being vested in the President
OF the United States-ergO, the Mayor of the
city OF Washington has such power. lie relies
most confidently on the quasi opinions recently
gwen by the Corporation Attorney, in one of
which that officer agrees with the Mayor with
out giving single reason for it, and in the
other, we find a learned disquisition on the
relative duties of the executive and legislative
branches Of governments. The legal acumen
of the Corporation Attorney his feilow-citizens
cheerfully admit and proudly refer to, but
csndOr compels the admission that in the opin-
ions above mentioned he has not sustained his
well-earned reputation.
To determine what are the special duties
cOnfded to the Mayor, and what to the two
Boards. we must refer to the charter and sub
sequent laws passed by Congress 1t will be
perceived that the inhabitants of the city of
Washington are made body polite and cor
pOrate by the name Of the Mayor, Board of
Aldermen and Board Of Common Council A
further examination will show that the Mayor,
before entering on the duties Of his office,
swears faithfully to PrecHte the dHties of his
Office to the best Of his skill and judgment,
without favor or partiality.' Now the question
arises, what are his duties" and we will again
turn to the charter. lie shall be ox-ofIicio jus
tice of the Peace he shall nominate, and with
the consent ofthe Board of Aldermen, appoint to
all Offices; he shall approve all ordinances or
return the same in writing within five days
There are other duties imposed upon him by
the charter Of an unimportant character but
there is no clause specifically imposing upon
him the duty of ''erecmting all iaWS.' The
specific powers devolying upon the Corpora
ton, are too numerous to mention.
1t is sufficient to state that, with the excep-
tions aforementioned all power is vested in
the Corporation, each particular branch acting
the one with the othor-the Mayor possessing
the veto power, the two boards the power to
make laws by passing bills over vetoes by a
twO-thirds vote, the two boards possessing the
power to define and impose upon the Mayor
with his consent, and if not obtained, by pass
ing over his veto, any additional duty not in
conflict with the provisions of the charter. In
word, he is an executive officer with limited
powers. 1t is true there is similarity between
our municipal government and the Federal
Government; and yet in one particular they are
essentially different. The President Of the
United States is sworn to execute the Office
of President, &c, and is required to " take care
that the laws be faithfniiy erec~ted;' where
as, in our municipal government it is for the
" COrpOrati0n" to see that the laws be faith
fully executed. An executive officer is one to
whom is cOnfded the power to execute laws
Are not the Register and Surveyor executive
officers of our city, the Corporation clearly pos
sessing the power to impose upon them the
duty, as upon the Mayor, Of executing lis laws
and ordinances
Assuming that the Mayor possessed the power
claimed we would inquire what it is to ere
cute t0"'" is he awarding of q contract
to execute a law? Clearly not An aaca,d
may be made, and yet, for various reasons, no
contract entered into We ask then, in the
name of common sense, if the power were vest
cd in the Mayor, under the laws of Congress, to
execute all laws, what objection can there be
to members of the two Boards acting in con-
Junction with him in afcdy,iing the contracts
We refer this question to the Corporation At
tOrney.
Now, with reference to the act of Congress
supplying the cities Of Washington and George
town with water. Upon whom il conferred the
authority to supply the inhabitants with water,
Who but the Corporation Of Washington! Who
are the Corporation? The Mayor and two
Boards by what right, then, does the Mayor
assume, rs one of his prerogatives, the making
OF all contracts, excluding from participation
the coordinate branches of the city govern
nent Let us look at the act of March 3. 1859
section ). After enumerating the powers vest
ed IN the Corporation, We find the following:
And generally to enact SHrh lars as NAV he
necessary To supply tue Inhabitants of the said cite
| of Washington with pure and wholesome water
and to carry into full and compet. effect the noy
ers herein granted
They are authorized to pass sucA lars as
may be necessary" The two Boards have
NhNii u CONFER upon
the Mayor absolute power in the awarding of
contracts. The Mayor desiring such power,
has used his privilege of veto, and we regret
to state that the lower branch of the Corpo-
ration lacked independence of character suf-
ficient to indicate their disapprobation of the
Mayors grasping policy in the Seventh Ward
market-house bill. The point is as clear as
the MONDAY sun, that should the two Boards
pass the water bill over the Mayors veto, that
then it is the lar, the Corporation having ex-
ercised the power vested in them by Congress.
and passed such law as they deemed necessary
to supply the inhabitants of the city of Wash.
ington with pure and wholesome water-tbe
point being equally clear that the Mayor DOS
sesses no power not specifically stated in the
charter
Should the ingenuity of legal gentlemen seek
to find powers for the Mayor in the charters Of
1920 and lS4s, or laws of Congress, we suggest
that the trouble Of examination nigh, be saved
by referring to the eighth section of the water
NDt