Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-08-26
LOCAL NEWS.
AMUSEMENTs TONIGHT

AMUSEMENTS TONIGHT
CANTERBURY HALL To- night Misses
agnes Sutherland and Salle Sunderland will
Ieeaie the audience with some OF their sweetest
songs; the troupe of terpslchorean artistes Will
move with their best grace, and the funny
Muljgan and others of the burnt cork persua-
slon will open upon the habitues Of Canterbury
With new batteries OF wit and humor.
VARIRTII s-"Uncle Toms Cabin" and a
number of acts, songs and dances, usual to a
Concert Hall, will be performed tonight Mr..
Eitz Simmons is determined to make his resort
very popular one, by the production OF the
pany.
ELLINGRR AND FooTR continue their lsvees
at Odd Fellows Hall, and perform nightly to
good houses. all present being delighted with
the entertainment. Com. Foote, Col Small
and Miss Eliza Nestel are claimed to be the
smallest people living.
MEETING or THE WATER BoARD-Ip,porfnnt
Decision Of the Corporation Attorney.-The Water
the Mayer Present: Messrs. B. b. French
President pro tempore, VIM G Moore, ] ohm
IL SeInmss, Z: A Schneider, of the Beard, and
by Invitation, X. Coyle, Water Registrar
IN answer to resolution passed at a pre-
vlons meeting, requesting the President pro
Enl. 70 ask OF the Corporation Attorney what
powers tne w alter board have in reference to
laying water mains and levying taxes, in ac-
coIdance with act passed July 30, 1861, pro-
xialpg Tor more thorough distribution of
Potomac water throughout the city of Wash
ihgton, the following opinion was submitted:
b. B: French, Esq, President pro tenn. of the
water Board-Sir have to acknowledge the
receipt OF your note Of the 18th inst, enclosing
copy of the resolution of the Water Board,
passed on that day, asking my opinion as to
''what powers the Water Board have in refer
ence to laying water mains and leyying taxes
under the act entitled can act for the more
thorough distribution of the Potomac water
throughout the city Of Washington" approved
June goth, 1864"
There are two distinct subjects of inquiry
embraced in this question, and dispose of the
second first. They are the powers of the Wa
ter Board In laying water mains; and, second,
their power to levy tax.
1t will be seen by reference to the 4th Sec
ton Of the act, tax OF seven -eighths of one
per cent. is thereby levied on every square foot
or part of lot which binds on or touches on
any avenue, street, or alley, in which main
water pipe has been laid, or hereafter may be
LAID by the United States, or by this Corpora
fion, &c. In the latter part Of the section power
as given to the Water Board 10 allow an abate-
Tnent OF per cent. IL the tax is paid within 30
days. And il is further provided in the same
section that the Water Registrar, under the d.
rection OF the Water Board, shall collect the
tax thus laid
Ny answer to this second question is the
Water Board has no power to levy any taxes
fol- Tins purpose, and their only power over
the water taxes levied by the corporation Is to
have them collected by the Registrar, and to
allow an abatement of 6-100ths for prompt
payment
laying water mains, requires q more extended
answer, but is, in my judgment, as free from
reasonable doubt.
The Sd section OF the act In question gives to
the "Water Board authority TO cause water
mains to be laid in accordance with the LIST Sec
tlon of the act Of Congress approved March Sd,
1868, entitled san act amendatory OF an act en-
Titled an act TO provide for the care and pres
eryaton OF the works constructed by the
United States for bringing Potomac water into
the cities OF Washington and Georgetown, for
the supply Of said water tor Government pur-
poses, and for the uses and benefit of the inhabi-
1ants of said cities.'' We are thus led to the
original act of which the act of Sd of March,
1863, is thus made a part-to- wit: the act OF 3D.
March, 1S59-and we are to construe them as
each other. By the 1st section of that original
act the whole of the works done and employed
by the United States IN obtaining, transmitting
and distributing the water, are placed under
the control OF an officer OF the United States as
their property.
The 2d section authorizes the cities of Wash
ington and Georgetown IS to supply their inhabi-
tantS respectively" with ''water from the aque.
duct mains rplpes now laid or to be laid in
the streets or avenues by the United States,
and TO make oil LdUs and regulations for the dis
frioution Of the same, subject to the restrictions
prescribed by this act.'
The Sd section empowered the said corpora
tons to establish ia scale of annual rates for
the supply and use Of said water" &c, &C.,
sst0 collect such rates or rents" &c, and gen.
70 e a NAY DE
pure and wholesome water, and to carry into
7ulI effect the po.cers herein granted. mo power
OF taxation Is given, but power to charge for
BY the Attn section power is given to the cities
respectively to borrow money to execute the
law.
By the 5th provision is made against tap
ping the mains except in the manner pointed
out by law.
BY the 9th it is contemplated that the Corpo.
rations may lay down .other mains, and the
Engineer In charge is prohibited from making
any contracts for them without the approval
OF he Corporation, and that the cost shall be
paid solely by the Corporation, and limiting
the number OF mains to be made by the Gov
eminent.
These are the only sections touching this
natter.
On the I'd June, 1889, the Corporation of
Washington passed "An act regulating the
distribution of Potomac water throughout the
city of Washington" The declared object of
the law was to carry into effect the act of Con-
gress gust referred TO. 1t would be waste of
time to digest this law, and it will be only
necessary to refer to sections Is, 20, %, "a, 25,
and 20, or rather to parts Of them, to see what
powers the Corporation supposed themselves
TO have over the subject of mains, and the
mode of reimbursing themselves ter the cost OF
distribution Of the water under the act of 1859.
The 18th section directs that the Water Pur-
veyor shall cause mains to be securely laid, In
all such streets, avenues and alleys, as may be
designated by the Corporation: Provided, "That
such mains shall be laid only in such desigpa.
ted avenues, streets or alleys where the rents
received from the use of the water uiU u.ld an
immediate return to the city of not less than pc,
centunl per dnnum upon the t0hOle amount of The
el4ess" s1ps""''"'' l" sue" a'S""'s' streets or
The goth refers exclusively to fire. plugs to be
erected by the Water Puryeyor
The 23d section prescribes regulations as
part Of the contract with every person roho take.
the mater.
The oath fixes the annual rents to be collected
by the water department
The 18th prescribes the extra and miscella.
neous 1pdter rents.
The29th directs that the Water Purveyor shall
"cause mains TO be laid wherever ordered by
act of the Corporation This, however. ia II
be taken subject to the restriction of the 18th
section already referred to.
1t therefore quite clear that while by the
act OF Sd March, 1850, very ample power was
given TO the corporation over the DISTRIBUTE
- OF the Potomac or aqueduct water, vet, by the
lust construction of that act, and by the con.
sTuction put upon it by the corporation, those
powers were SO limited that the corporation
could only be reimbursed its expenditures by
water rents, and these were expected to yiel(
only reasonable per centage on the cost o
the work, the principal TO be paid in the course
of ten years by means of q sinking fund to bt