Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-10-21
LOCAL NEWS.
AMCsENESTs TONIGHT

Growers THEATER-The FlerenceS-ayar
popular with the Washington public-had a
NrTN f1ttpring reception last night The patrors
o. Grover may now look forward to a comedy
week OF attractions. The selections ffr
ihiN evening are "Coileen Bawn"-which was
played so successfully last night-and .Thrira
Married" Mrs.. Florence assuming fiy, char
acirrs.
WASHINGTON THEATTE-With a good com.
pHAS' 4 comfortable house, and some OF The
L%' N'ars upon the American stage, the Old
DT"ry must soon resume its place amongst the
n'o>' popular places of amusement in the Me-
Hopohs. Chanfrau, one of the most talented
ttC'HtIlc comedians of the day is performing
hnre. He appears tonight as Jupiter !" ia the
play OF "Bnll Run" and as Jerry (1ip. :"
twiih imitations.) in ''The Stage Struck Bar
s'urdily amongst the numerous places ofamuse-
m"nt. The success of Julia Mortimer Kate
remover and Agnes Sutherland last Ight W as
d"ciocd Tonight fine bill.
CREMORSy CIRCUs-A crowd again al Nix
on last night. Tonight the entire company
VIII appear, In ballet, equestrian exercise, and
Pantomime Go see them, by all means.
OLYMPIC Music HAIL.-There are q number
OF nrst-ciass performers At this resort: among
mem, Laura Bernard and Amelia Wells, whose
SINGING II excellent, and Julia Hamilton has
Dut Few superlors as danseuse. The univer-
sal verdict X, that Butler has good company
BARNuN had another full house last night,
snd the entire per formiance was received with
hearty applause. With such attractions as
",
and the celebrated performers generally, IL is
no; surprising that big houses should be the
order of The day and night al Barn um's.
ACADEMY OF MUsIc-Free concert to-day,
by Seydel, Jungnickel and WeHenstein. Re.
Treatments At hand.
CorNcIL PRocEEDINGs, Oct. 2e.--Boord of Al
dermsn.-The following were read and appro-
1iriately referred: A cOmmunicat from the
Mayor nominating John Nc De viii, G. W. New
man and Nilliam Slater commissioners OF
I'M and Nfr1I Co.
the commissioners; communication from the
same appointing the following police magis-
traies, viz: For first district, Samuel Drury;
third district, John Z. Hilton; fifth district,
, Vim. Thompson; seventh district, Charles Wal
er: eighth district, VIM. Il. Ferguson: ninth
disfrict, James Gull; tenth district, William x.
Strstttnn and second, fourth and sixth dis tricts
T. Ct. Clayton; a communication from the sur
yPyor relative to the cost of grading /, street
south from Seventh street east 10 Virginia ave-
hue; the petitions OF James Eslin and OF Ed
nund Garner tor remission OF fines; an act to
grade and gravel street north from Fifth to
lthth streets west; an act making appropris-
tlon 10 grayelFhirtrenth street west from Penn
avenue TO street north, and an act for the re-
lief of Henry Lee. 80. S. ~.
The follow ing passed the board "A bill for
the relief Of John Alexander and Others; u ioini
rcsoiuaon to pay W. Ii. Davidge, ESQ, for hi
services is counsel for the Corporation: Il ioilit
resolution making appropriation for defr;,ying
The expenses OF the special election held in ti.
Fifth Ward on October Ist; an act TO increase
The pay of the messenger of the Mayors ard
Regis ter's offices, and for other purposes; a bill
tUT the relief OF Gales 4 Seaton: an act making
appropriation 10 pay school expenses for tia.
fiscal year ending June ~, 1868; and Joint res
solution in reference to the alley in square
No. i52. .. = =
Mr.. Sargent, from tie committee OH police
to whom was referred the act in relation TO he
public streets, squares, reservations. &c., re
ported the same back with an amendment and
recommendation that it pass. CThe amend
nlent consisted of striking out Sf0O "a the fine
and inserting i'll lieu thereof SJO.l
Mr.. Sargent also sent to the Chair the written
Opinion of the City Attorney in reference to ths
matter. and asked that il be read,
The opinion is directed 70 the Mayor, aud is
. Is follows; t-'-"r ...-.-' o.. n 80
: The public squares and reservations of this
City are placed on very different grounds fron,
lhe streets, alleys and public spaces which have
beer dedicated TO the public use The former
remain me property OF the United States and
al" held and treated by them such. over
v.tileh, Tor most purposes, they retain the ex-
elnsiye control: and in regard to them, the pro.
hibtion in the last clause of the 18th section of
charter OF 1siS Is clear, indisputable ard I'M
p'Tatiye. ..asI
: As TO all the rest OF the public spaces. such
II occur and must occur at the intersection OF
two streets With one or more avenues think
n Il quite clear they are on the same footing as
streets and avenues. II any doubt had existed
on the question under any grant of power con-
tained in the eth 9Th SECTIONS OF the charter
of 1-.o, and under the common law governing
municipal corporations, they We're removed bV
The I'd section of the amended charter OF Isis.
The last clause OF That section is in these ords
And the said Corporation shall have full
power and authority To make all necessary
laws for the protection OF public and private
property, the preservation of order, the safety
OF persons and the Observance of decency IN the
streets, avenues alleys. pablo spaces, and other
places OF the said city, &c.
But they are also thoroughfares 10 which
t!ie pubic Is entitled rs much "a TO rhp STREET
and thu corporation H. Just as much bound 10
kT'p them open and free from obstruction, and
Ill repair, and have Just as much power and
auIhOrity over than Is tney have over the
public highways, and the duty 10 treat them
Is equaily imperative What those powers and
du.ies are, are briefly stated and summoned ND
~ the case OF Smith vs.. the Corporation OF
Washington, (sUth' How. 1iT,) where the Su-
pEeme Court says: 80 1t is the evident intention
and policy OF this statue (the charter of i-2N,)
10 commit To this corporation as mum ipal
organ of government, whose members are
chosen by its citizens, the care, supervision,
Bad general regulation OF the streets, a IN
o'hPr cities and boroughs, (page 1ie) fhe
city corporation has the trust confided to them
ard the duty imposed upon them not only of !
oprning the streets of Washington, but OF keep
lag them in repair. .sIf the duty imposed upon
them requires this to be done, the power must
o. Coexiensiye with the duty Here is the !
kernel OF the matter. The duty is imperative;
the power clear.
lin regard TO the places occupied by the
circus buildings IL is To be observed no qufs-
ton OF the power OF the corporation over the
public reservations and public squares, nor
et-n that over public spaces, is involved. I'm
tie first place the payemenfs along the west
fronts OF Squ3TrS Nos. 400 and f61 border q
public highway, and is part of Il. Beyond that
all il s;reet--no mater by what mime il may be
called-whch the corporation is obliged 10
hep open and M repair. But very little if ANY
part OF this building Is that portion OF
ground between the lines OF e. street and Loui-
siaAa avenue extended, or e. street and Penn
~ IyaIia avenue extende d. 80 that nearly If not
quite the whole building In on G. street and
Louisiana avenue. In such case the power OF
The corporation can admit OF no discussion,
AMI it's duty 10 prevent and remove the Oh
siTuc;ion i imperative.
Ia is suggested ~ me that possibly the Com
mis- ;ioaer OF Public Buildings has some JuriS-
dictioH over tin, streets and avenues. But i
cannot suppose any one would seriously main
sts IN that IN. ha~ any authority Inconsistent with
that of this Corporation.
..('on@ress has heretofore improved and kept
IN repair PCHnSy lyania avenue and some OF the
STREETS and IN regard Ia the streets and avenues
improved by them, they have, in the appropri-
alton act OF June 3O. I-J9 ch. 153, secs. and ?,
m -; proyi,ipti that such streets, avenues and
,..,-.,.Int. n u NOT he onenrd for the ptirDO,f