Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1864-08-27
LOCAL NEWS.

m -
,lns WATER BoARp.-The Board met on
n Res ~ ernooa l.st The opinion Of Mr.. Jos
the navel ~ ~" oration Attorney, In reference 70
and levypg as Wr Ssr sosra ~ aIl % ,ssa
mo,,nn osysd and referred 70 the City Councils on
Mr. Bra .Iey, in his Communication, says;
powst ngly, we do not find any additional
md or , lay the u.ins in auy part Of This act,
H. onf ed and re tricted BY the lsst clause Of
+, ~ section aIresdy quoted;
= 1t q possiblei and again, that the meaning Of
ne Legislatufe 10 to be ascertained from the
Nothing is more clear from the perussl Of these
power tver the subject is given ia the Al
amendment. This last power IL not Discretionary.
IL IL man 'atorIp and one which tho Corpor ation
e.nnot rs,usl TO execute, The interested third
power to insure its execution 10 given long with
T.. They must lay the mains on the application Of
the owners OF mHjor tv Of the real estate, SO.
This rule 10 well settled, aod good illu ,tranon
ards Reports,
We have, then, In these statutes two dis,in .
powers, and the means To execute each 81 them,
one ofthem discretionary, Ia be exercised by their
public good, iSe o,ssr %nnsstoIv 10 ss
upon application to them in the manner pre-
,eribed BY the law Of corpofstori, for their 60.
There is no inconsisteocy between these POI ers.
They may well stand together. IL 90, they must
taken to oQ.ex,t Besides e the dis,tibasipo
parties whose properly 10 to be taxed TO defra
the expense, the beneaeent &C Of congres. IN
giving 1t to the corporation will lose half IF Its
value, and the public benefit designed In that gilt
would be defeated
This act OF 90 h June 1864, is but part Of the
sys'em adopted by the Corporation, under these
acts of ConRrets, or the distribution Of wAteL II
dots not q We TO the Water Board the full power
OF tre Corporation, but creates It OF the To-
EtTumRltaiitieR fIF0 n N n Cor.
poranon. and, In tire second sect on, defines Its
g." eral powers. These owers are mihiste,ia Z.
with authority 10 pr scribe rules and regulations
IN the exercise Of them. 1hey arc to take charge
OF the mAiI AFTER thsJ have been ordered by the
corporate auth"rities, either un"or their d sore-
OF the real estate and to see to their being laid
ard to the d'str button Of the water therefrom.
They have no power 70 s.y what mains shall be
Councils.
lam our most obedient servant,
JosLPH X. BRADLEY,
Attorney Corporation OF Washinyton.
Since writing tbe fnrssoinR opinion, I h,v. read
may not have In ended to milne their inquiry TO
wN'er mains and the tax therefor, AID proceed to
examine their powers under the fifth section to
levy and collect q tax for tire-plugs.
tie DguHse Of thi. section, In the plsinest
term', col fers on tho Water Bozrd POWER 10 levy
AID co he, Trough The v a,er Registrar, az
annual TAX, which shzll be due, &c.
~ the rec Ion Immediately pr, cedinE they have
followed thev'ry words OF the act Of ConEre.r,
Ahu leNeu lhh lpI 'ne wa ef nhlhst ana u ~ utn
cult to understand why They have In this nth sec
ton departed from thSt course.
In so far No they have lrgAted the power 70 the
Water Board 70 "levy the tax authnrize bv the
g,cond section OF the act Of CnugreSs Of ID Of
MSrh, 1869, they have In ny judsmeut eotttel,
tantcended their power, and the grant 10 the
Water Bosrd lie void Tho CounVils must them.
IevPs by law impoSe or levy = tax, ~ 'hev have
dnuP 10 The fourth section OF the act Of 2S'h June
TIL cannot delegate thNtpO er. This rule ! take
10 b infex bis fixed, that where = mower TO levy
At hEipen II must re exercised by the person
or bUdy to whom It 10 given, Hnd not by any agent
or ApTtUIntee of tuoh pfIbon or body corporate
10 my opinion the Water Board has no power
to levy the tax authorized by the hfth section, act
goth June.
Very respectfully, Jos. II. BRADrEY,
Attorney, &c.
August 81, 1851.