Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-04-13
LOCAL NEWS.
AMgsEMENTS 70. NIGHT.


growers. TEKATER.-"Aladdin. or the
Wonderful Lamp introducing the songs;
The ~, Leaf" "My Native Land -, and md
finest scenic representations, in honor OF the
late victories. The theater will also be magni-
dcently illuminated.
FoRDs THEATER.-Tom Taylor's comeay
OF "The Story of Peggy the Actress" MISS
Laura Keene, as "Peg Woffington," the per-
toTmances concluding with the farce OF "Ihe
Hole in the Wall" Last night but one OF
Laura Keene.
CArTY.RrRy-"The Prosecuted Clown"
-sSThe Cure" and 1.-THE lively Youth" together
with new programme OF ballet, songs, and
negro delineat1ons.
Brothers, Miss Kate Pennoye and other ia
yorite performances, in ballet, songs, burles-
que, rsntomime, &C., concluding with rich
-afterpeCe.
NEUTRALITY-SUSPICIOUS. the illumination
called for by the City Councils takes place.
The City Hall, all Of the hotels, and most OF
the business places will be brilliantly lighted
up, and Judging from the active preparations
on ioot among our citizens very 1e% pai as,ar
Bowen has provided for lighting up the Post
Once building, and it is understood that the
government will accept the inVitauon OF the
CORPORATE authorities and illuminate all the
ire Insane Asylum on the b ghts opposite
the Navy Yard Will also be Illuminated, and
from lts commanding elevation will NO doubt
present q magnificent sight.
The Oxford Hail Will be illuminated with
Ave hundred candles, and an extra band has
been secured for the occasion.
1MPORTANT OPINION.-The following opin-
ion by the Corporation Attorney in regard TO
the powers of the corporation in regard to
sewers is of so much general interest that we
WASHINGTON, April I, 1865.
A. LEoyd, ESQ, President Board Common Council.
SIR l return herewith the resolution of the
Board of Common Council transmitting for
my opinion three several bills providing Tor
the construction of sewer along 14th street
west from n street to the canal, and also the
said bills.
The power of the Corporation to construct
sewers is expressly gwen in the charter. Its
exercise is essential to the efficient discharge
OF the objects OF municipal corporation, one
of which is the preservation of the health of
the citizens. 1t is, therefore, singular that no
expressed exception in its favor is found in
the charter of the Washington and Georgetown
Railroad Company. Their powers are In terms
subordinated to those existing in the Corpora
ton of altering and improving the streets and
avenues, and that company is required to
change their said railroad so as to conform to
such altered grade and pavements
1t would seem to follow that if for proper
sewerage the Corporation shall see Tit TO alter
the grade OF 18th street, the railroad company
must conform to it, although that should in
terrupt the travel upon it. So that if this
should become necessary in order to construct
the proposed sewer NO objection can be law
fully interposed by that company. 1t may
admit of debate whether the Corporation has
power in any other way to interrupt the
travel on that road, especially il the object to
be effected can be attained without doing so.a
In the case proposed there must be ample
room III that street 10 construct sewer of the
dimensions named in the act without in any
manner interfering with that travel Each
corporation has 4 common end in view, the
public convenience and accommodation. They
derive their authority from the same source.
The fact that one is municipal corporation
with large legislative powers and charged with
grave public interests, and the other a private
H0rnOratIOn created nriVAtQ ADVANTAGE
well as public convenience does not vary the
construction OF the rights and powers granted,
and the duties and res possibilities imposed en-
them by law. They must each exercise their
powers and authority so as not to interfere
with or injure the other, except in the cases
clearly pointed out IL their respective organic
laws. The rule applies equally 10 corpora
lions and individuals, and we may safely refer
the question TO the rule which would govern
necessary that the power or authority shall be
given in distinct and express terms. But the
language must be such and the power and au.
thoTlty so clearly necessary TO the exercise OF
some others distinctly given as to create 1t by
necessary implication or intendment
am not prepared to say that the Corpora
ton can, in the exercise of its undoubted power
TO make sewers, so construct them as to stop
the travel on the road under any circums tances
other than such as require change in the
grade. The question would admit of less doubt
if Congress had not specified the case in which
the railroad company must conform to the law
of The Corporation. That very exception renders
1t exceedingly doubtful whether they can in
any other case so far interfere with that road.
However that may be, my opinion is that the
Corporation cannot for the purpose Of sewer
age so excavate street in which that road is
laid as 10 make the travel on it dangerous, or
TO stop it, whenever the same sewerage can be
effected III some other way.
am, sir, your obedient servant,
Jos. H. BRADLEY, Attorney, &c.
THE CATHOLIC CHURCH IN THE FIRST
WARD-We understand that the subscrp-
tiCns towards the erection of the Catholic