Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-09-13

Noyes, Lewis, Lioy and Turton.
At The opening Of the Board the President
ard Vice President were absent, and Mr.. Lloyd
was called to the chair, and laid before the
Board a communication from the Mayor an.
nonncing the approval OF the following, VIZ
bill making appropriation to supply def.
clency In the appropriation to trim and grave
lsth street, west from New York Avenue 70 L
street, north bill TO take up and relay the
gutter on The north side OF street, south from
new jersey Avenue to lst street, east; bill
MAKING appropriation for q deficiency in the
payment Of bounties bill for the relief Of Ne W
man and brother, and joint resolution of au-
thori2ation.
Also, a communication from the Mayor nom
mating Mr.. John w. Thompson of the Sixth
ward as member Of the Board of Fire Com
mIssioners vice w. z. Hutchinson resigned
Referred to Committee on Fire Department..
Also, Communication, enclosing a commu-
nication from VIM. /. Hodge, recommending
tnat change ee made In the grade OF 18th
street, north. Referred to Committee on I'm
provemehts.
Also, transmitting the report of the IntendaAt
OF the Asylum for the month Of August. Re-
ferred to the committee on Asylum.
Mr.. Utermehle called up the special order
the bill to cause the carriageway on 9th street
west, from Pennsylvania to New York avenue,
Mr.. Garfield asked if petition accompanied
the bill.
Mr.. UthermehIe said no petition was re.
quired
Mr.. Utermehle proceeded to argue in favor
of the bill, and that the act Of May 6, 1864,
clearly empowered the City Councils to grade
and pave streets, and to pay for it out Of the
ward funds, and that the law was passed at
the request Of the Mayor and others, as ordi-
nances Of the city heretofore passed to pave had
proven mere nullities. The question is what
will the Board do with that street 1t Is O.
question to be pondered well, whether it shall
he lett in the condition II now is, or give the
Fourth Ward its due and the benefit Of its
finances. Mr. Utermehle then read the opini n
of the Corporation Attorney bearing upon this
subject. The opinion was published in the
Mr.. Lloyd called Mr.. Turton TO the chair and
said that his own idea was to save the Copora-
ticn a large amount Of money and prevent an
invidious distinction from being made. The
Mayor had the law of May, 1861, passed Wi b
the understanding and belief, that its intention
was TO have the people living along the line of
a street to be paved, to pay for such paving
No one heretofore supposed that we had au-
thority to pave the streets and pay the expense
out Of the ward funds, therefore all Interested
In the welfare of the city have been endeayor-
ing to get the authority to pave, and change the
system of grading. 1t was illegal to pass an
ward funds were to be expended for the i'm
provement, hence permission was granted to
pave If the people were taxed for the improve
ment, and the only way to carry out the act of
1864, Mr.. Lloyd believed, would be to get the
application OF owners OF property, assess the
cost upon the owners living along the line of
out again, and by this means we could get rid
OF the difficulty that the verbiage of the act OF
Congress has got us into.
But at this time the speaker diu not believe
that members would undertake q bill Of such
magnitude. 1t has been decided time and
again that WARDS could not be made to pay
for the paving of the streets We have the
same law now we have always had, and con-
sequently there was nothing giving the Mayor
power to pay for paying out Of the Ward
fnnds. Assuming. however, that the opinion
Board should not make inyfdious distinction
Of taking from the Ward funds to pay for one
street while other streets had been paved by
taxation upon owners living along their lines
He concluded that the members Of the Board
would not pass the bill, as the current ex.
penses OF the Board for the fiscal year would
consume all the proceeds OF the taxable prop
erty.
Mr.. Utermehle, in return, argued that the
question ofthe legality Of the act had been dis.
posed of, and he (Mr. U. believed that the
question as to petition being required. MIR.
Utermehle further argued that this question
involved another, whether the passage OF the
bill would be for the general good. He con.
tended that it would be, and that the street
must be improved, and put it to gentlemen
whether r they would grant them $4,000 to grade
and gravel the street.
Mr. Garfield said he tor one would
Mr.. Utermehle further said that to show that
ne had no special interest specially to have
en street if desired r it he
Mr. Lloyd, in reply, contended that the
paving of this street was not for the general
good, as there were many streets more
travelled than it was, and there were
dozens of ways whereby Pennsylvania
avenue could be reached from New York
avenue. Now, if it was proposed to pave 7th
street from Maryland avenue to the Potomac
river, it would be for the general good, tor
that street bad to be travelled to reach the
steamboat wharf.
number of amendments were offered, and
the bill finally passed with an amendment that
the improvement should be made at such times
as the Mayor chose, by the following vote:
Yeas-Messrs. Barr, Gulick, Lewis, Plant,
Rapley, Turton and Utermehle.
Nays-Messrs Garfield, Lloyd, McCathran
and Noyes.
Mr.. Lloyd, from committee on finance, re-
ported adversely upon the bill increasing the
Compensation OF members of the Boards Of Al
dermen and Common Council, and asked to be
discharged from its further consideration
The board refused to discharge the commit
tee, and various amendments were offered, as
to make the bill take effect in 1866, in 1865; to
strike out all pay and make the services gra-
tuitous; to impose fine Of S5 for each absence
without cause, &c, all Of which motions failed
except the amendment making it read "1S65;''
and the bill was finally laid over until next
Monday night.
ported back the bill to increase the compensa-
ton Of weighers Of hay, straw, oats, &c; and
upon his motion it was laid upon the table.
Mr. Lewis, from the committee on improve
ments, reported back the bill to lay flag foot.
way in the Second ward, and 1t was passed.
MIR. Utermehle, from the committee on police,
reported faVOTabiy upon the uOmlnatlOn OF w.
J. Herbert, Peter Gallant, John G.. Robinson,
VIM. Douglass and Saml B. Boyer, as meas
urers of lumber, and they were confirmed.
Also reported favorably upon the act amend a
tory Of the act regulating the sale Of wood and
coal and which allows corders cents per
cord, and it was passed. Also reported favor
ably upon the nomination Of F. A. Boswell as
Police Magistrate of the Seventh ward, and Of
Thomas Oliver as Police Constable Of the Sec
ond ward, and they were confirmed. The
nomination Of James Cuil as Police Magis.
trate Of the Sixth ward was laid over tor fu-
ture action. f.,s.-.-.. =s---
Mr.. Gulick, from committee on asylum, re-
ported back the monthly report of the 1nten-
dent Of the Asylum for August. and 1t was or
dered to be placed on the files.
The following bills were introduced and
passed: BY MT Barr-Bill making appropria.
tion to incIose the reser rvation at New York
and Massach usetts avenues, between 10th and
18th streets west; and bill to repair 14th street.
from G street north to the boundary, BY MT
Utermehle-Biil to lay water mains In 9th
street west from Massachusetts, avenue to L
street north. and along L street north from 6th
to eth streets west; bill to repair cross cutters
AT od afroat xuest and T. street north; bill to