Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-08-23
LOCAL NEWS.

l SOoNSIL AOC1kDIN66, august xS.-B0dfd
| g,1Iaermen;-The only membars present were
aldermen Barr, Canfeld, McCathran, Noyes,
Plant, Turton, and the President, Mr. Brown
NO quorum, and an adjournment was had I'M
III ibis evenlng-the charter requiring that in
case OF no quorum at q regular meeting an ad-
Journment must take place from day to day
until quorum be obtained.
6oard OF Common Coancil.-The Board was
caueo toorder by the President (Mr. Lloyd J
al me members present except Messrs. Dud-
ley, Skirving, and Walker. -
mayor, enclosing an opinion from Jos. III,
braoley, Esq, corporation attorney, as to the
power OF the corporation to restrict the pas.
senger railroad companies to carrying no more
passengers In each car than they can accomo.
date: Vne communication is as follows:
Il. WdHdch, Esq, Mayor, de-:
SIR: beg leave to transmit through you to
passed by them August 1, 1864, and trans
mitted to me by their secretary on the 18th
inst, together with the resolution itself.
One OF the great objects In the creation of
municipal corporations is the power to make
police regulations for the preservation of life,
property, and good order And we find in the
2d section Of the amended charter Of 1s4s in
addition to the general and comprehensive
powers over police matters contained in the
charter Of 1920, and as though it was desired to
remove all doubt upon the subject, the grant
They ssshall have full power and authority
to make all necessary laws for the protection
OF public and private property, the preservation
ance OF decency in the Streets" &C., &C., and
Tor the punishment OF persons guilty OF public
profanity and prostitution. -
Here, then, is the most comprehensive DOW
er to pass all laws. not only for the protection
OF public and private property, but also for
the eservaticn OF order and the safety OF per-
sons in the streets.
The last sentence In the 1st section of the
charter of the Washington and Georgetown
Railroad Company is s:-Prorided, That the use
and maintenance OF said road shall be subject
to the municipal regulations Of the cities of
Washington and Georgetown, respectively,
within their several corporate limits" dc.
are necessary for the protection of public and
private property, and the preservation of order,
the safety of persons, and the observance of de-
cency in the streets, - &C., there can be no ques-
ton Of the power Of the Corporation to pass, or
the obedience of the railroad company due to
such laws.
legislation is embraced within any one of the
powers above enumerated, and, If so what
legis lation is necessary to effect the object In
view.
In my judgment the Corporation has the
power to regulate the number of passengers to
be admitted into street car, both on the ground
OF preservation Of order and the safety of per-
sons in the streets. There ought to be- and
there does exist, in the Congress such power,
and they have in these terms delegated it to
the Councils. 1t is as necessary as the power
to regulate the number of passengers in an ON.
nibus, or to pass any laws to prevent cruelty
to animals.
But In respect to the preservation OF order
and the safety OF persons, such power is more
necessary than either of these. There can be
no order and little safety in such conyeyances,
if they are allowed to be crowded to excess, so
tnat the platforms and passageway, as well as
the seats, are filled, and men hanging on the
steps, as is sometimes the case.
but the limitation on the exercise Of the
power is, that the law shall be necessary to
effect the end designed, and the difficulty will
be found in fixing the number which may be
admitted to the car. This is matter of detail,
~ VI a q in h1 n foN0
ohcers OF the company. The company them.
selves, considering the numerous cases ofpock-
et-picking, the gross acts OF rudeness and in.
decency which have resulted from the crowded
state OF the cars, the great Inconvenience to
which ladies especially are often subjected by
cidents with which they are daily made ac-
quainted, would probably apply q remedy, or,
at least, unite with the Councils in providing
one. am, sir, your most Obedient servant,
August 10, 1854. JOSEPH II. BRApLsY.
Also, enclosing q communication from the
Commissioners Of the Asylum, in reference to
the repair OF the roof Of the building. Laid over
Also, one from the Mayor, enclosing corres
pondenGe between &; 5. Gideon, Esq, Presi-
dent OF W. & q. r: r: Co., w. =. Webb, Esq,
Superintendent of Police, and himself, in reIa-
ton to running the street cars on tie Sabbath.
Ordered to be printed on the journal, and re-
ferred to committee on police.
Also, comm unication enclosing the follow.
ing correspondence:
MAYORS OFFICE, CITY HALL, WASHING.
TON, ID. u, August %, 1e64.-TO the Board of
Common C0unciNGentlemen have the honor
to enclose herewith communication from the
Corporation Attorney, stating that the Corpo-
ration have no power to make improvements
in conformity with the provisions Of the act of
Congress approved May S, 1861
Very respectfully,
RICHARD WALLAcH, Mayor.
WASHINGTON, August II, 1s6i.-R. Wallach. |
Esq Mayor, Gc.-Sir: Your communication of |
the l4th instant accompanying copy OF an |
act passed by the Councils to grade and pave
F street north, inquiries whether "the Corpo.
ration has power, under the act OF Congress Of |
May S, 1864, to execute the enclosed act by as |
sessment,'' &c. |
Since then resolution passed by the Board |
OF Aldermen, which appears to have been |
passed as far back as the goth July last, has |
been sent to me, making, in substance, the |
same inquiry.
I beg leave to answer both in this reply, and |
that you do me the favor TO transmit it to the |
Board of Aldermen, as my answer to their re. |
solution.
The act of incorporation Of 18th May, 1920, |
in the first clause Of the Sth section, gives the
Corporation power "to lay taxes on particular
wards, parts, or sections Of the city, for their |
particular local improvements" This is
general power to be exercised by the Corpora
ton, or not, in its discretion. It then proceeds
in the next clause of the same sentence to grant
specific power, which it cannot decline; that |
Is, 1t Is imperative upon the Corporation, ,'upon
the application OF the owners of more than
one.half of the property upon anY portion of