The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-27
Mr. BOWEN then offered the following resolution

Mr. Bowen then offered the following resolution
whereas Attorney General of the United States in
compliance, , MIN reqIs IRON me ni ~ o. o. ns,r,e
Columbia has, through the Secretary of the Interior,
given opinion In writing that under the act OF Congress
support the constitution Il the uned States TO be admin
stered to certain in the civil service OF the United
States, all persons claiming membership in said Board
required and subscribe oath according
the form prescribed IN said act, and,
Whereas, James q. Berret, Mayor Of Washington, de-
cnes fully forth in the official opinion of
James Carlisle, Attorney for the Corporation Of Wash
ington dated August % 1881 to take said OATH well
the oath in the creating the Police Board
and the member of said Board deemng themselves bound
in their action in this matter by the opinion and ruling Of
the Attorney General OF the United States the highest
law officer Of the governmental therefore
Resolved, That the said Mayor in the opinion of this
Board IS not qualified to act us member e. ccso thereof
After considerable debate the resolution passed by
the unanimous vote OF Messs. Addison, Bowen, Brown,
Tenncy and PresidentMayor Berret declining to vote
The Mayor then delivered speech In his best style,
(of the nature of vacdctory and took his departure
The written opinion OF the Corporation Attorney was
tax away by Mayor Berrct who promised that should
be handed to the clerk of Poard to be entered
journal We understand That it had not been received by
that gentleman at ten O'Clock this morning,
The President laid before the Board the Following letter
from the Secretary Of the Interior, enclosing the opinion
OF the Attorney General
DEPARTMENT OF INTERIOR, August %, 1861.
TO RICHARD WALLACE, Esq, President Of the Board OF
sR-Upon the request Of the Board Of Police as made
known 10 the 10th inst, through F. Brown, Esq
acting secretary although entertaining doubt myself
upon the subject submitted to the Attorney General
the question whether or not the Mayors OF Georgetown
and Washington required by law q6sct0
bers of that Board to take the oath Of allegiance specially
prescribed by the act OF the 9th inst for all officers in The
service of the United States? copy Of his reply, dated
the 22d inst is herewith enclosed, from which you will
observe he is Of the opinion that each member Of the
Board is alike required to take that OATH Very respect
CALEB B. SMITH, Secretary
The opinion having already been received and acted
| upon, the communication was laid on the table.
The President and Mr. Bowen was appointed com
gard to the equipment OF the police and the Board ad
| Journed.
THE MAYOR YESTERDAY
The Mayor, ut his office in the City Hall yesterday
seemed to be nervous hdgety and dispritoi and his
mental excitement was Increased by every publication
concerning him. One Of his employees remarked at the
City Hall this morning. in presence Of several gentlemen
that If Mr. Berret had not been arrested he would have
been away from here in less than two days Rumor
we know not how truly that in the contraband CORES
pondence taken from the ieonardtown stage day two
since, were letters mphcang Mayor Berret and others
| THE OCCASION or HIS ARREST.
The course of May Berret in connection with tho
Board Of Police Commissioners ncludmg his final refusa
yesterday to take the oath could have been the par
tcuar cause Of his arrest because the meetings
secret and no publication of the proceedings tc
government officers, was made until this morning.
CAME TOO LATE
| Geographic despatch, addressed to Mayor Berrct
charged with toll of 81 80, received in this city this
morning, and was sent by Justice Dom TO the Provost
Marshal to be opened.
WHO Is MAYOR OF WASHINGTON?
II is probable that Mr. Vim. T. Dove President of the
Board of Aldermen will act Mayor of the city. II has
been usual for the Mayor to depntise to
his absence. No such selection having been made Mr.
Dove is rather doubtful of his right act but Mr. Car
lisle the Corporation Attorney, hear, has notified Mr.
Dove Of the absence of the Mayor and of opinion TINT he
| is the proper one to act in his stead.
Mr. Dove bases his doubt as TO whether he is legally
authorized to act on the ground that the charter pro-
vdos that in of the DEATH disability resignation
Of the Mayor the Councils proceed elect 1t is
held by many that this is a case of disability"