The national Republican., 1867-11-27

properly OF the cOrpOrhuOn NJ tnc tAptfuDou Ot
the term. The act necessarily assumes the right
Of the corporation to erect such wharves and to
create the docks, II they should sec ht, for they
have no right 10 grant the privilege unless they
have the power to do the thing themselves
In my opinion such policy should not be at.
tempted unless the right 10 clear and the ques-
tion arises at once, where power Is given to es.
tablish, regulate, or to license and regulate, 10
not the exercise Of that power confined 10 gen.
eral and public acts
Take the provision In the seventh section Of
tho act Of 1890, "to regulate and establish
markets, and the power over the subject matter
10 Of the same kind, health, police and system In
| the sale Of articles, Of prime necessity TO life
They are both markets In the proper sense OF
the term. The Language employed In the grant
Of power is identical. They are both to "regu.
late and establish" The power must be the
same in both cases It will scarcely bo graveiy
| oontented that the corporation could grant by
legislation, to an individual or company, a priv
ilege exclusive In its character, to erect q mar
kst-houso on any ground subject to their con-
| troll, and TO keep the same for term Of years.
paying for the privilege In annual instruments,
aud TO surrender the building at the expiration
OF the term. II this could not be done, II must
be clear the grant now proposed BY this act can.
| not be made.
But have the corporation any right to or
power over the land abutting on the river In the
place proposed for these wharvcs and docks ?
Could the corporation itself erect and establish
them2 Without attempting to settle this ques.
tion, (and have long since expressed my opin.
ion that they have and that II ought to be ju-
dicialy settled IL Is sufficient TO cay, II they
have no suoh power or right they cannot enforce
the payment Of this money, and tho fact Of the
disputed authority would furnish tho psrtie,
with an excuse for refusing to pay 1t.
Besides, the provisions of the act assuming
| th. ~ he IN
tirely too loose and uncertain for the protection
| Of their interests. The site Of the wharvss and
docks is not 6Ied; the dimensions Of the wharyes
are not given; the material Of which they arc to
be built are not prescribed; no provision Ia made
for the manner or under whose superintendence
they shall be built, or kept In repair or in what
condition they shall be left at the expiration Of
the term Of the privilege no security is required
for the performance by the grantees Of their part
Of the contract, nor Is there any provision
against their disposing Of 1t to wholly irrespons
bic persons. Besides, this bill provides that the
wharf shall be built on the river front between
Twelfth and Thirteenth streets west, below F
street south. There Is no 7 street south be.
tween those streets, r street south terminating z
these reasons have been constrained to with.
hold my approval Of this bill.
Very respectfully,
| RICHARD WALLACE, Mayor.
Mr.. o. s. Baker urged tho passage Of the bill
| over the veto message Of the Mayor, at the
present time, holding that 1t would benefit the
fishing interest to q great extont by giving this
| franchise to these gentlemen.
Mr. Nalley hoped the bill would te postponed
as he was not prepared to vote without further
information.
Mr.. Ball thought that this was an improve.
ment which was greatly needed; and that this
offer was as good bargain as the corporation
would be likely to make.
| Mr.. Connolly said that the corporation seemed
to be acting on the principle Of the dog in the
mapger-it would not improve this wharf prop.
erty nor allow any other party to improve It.
Mr.. Dulin was in favor Of the improvement
but doubted the power Of the corporation in the
premises.
Mr.. o. S Baker Inserted that tho objections
Of the Mayor had been instigated by other
| wharf.holders.
The motion to postpone was not agreed to.
Mr.. Pfau hoped the question would be referred
to the Corporation Attorney, and get his opin-
ion as TO the power Of the corporation to convey
this property to these parties for a specified
time.
Mr.. Naiiey was also in favor Of Its reference
to the Corporation Attorney.
| Mr., Crocker did not think that there was any
question as to the right Of the city to this wharf
property. The bill should be passed at once
The bill was then passed over the Mayors veto
by the following vote:
Yeas-Messrs. o. S Baker, S. S Baker Ball,
Beall, A. p Clark, Connolly, Crocker Ialton
Knight, b S Miller, Parker, Rutherford and
| SloweD-l3.
Nsys-Messrs. Nallsy, Pfau and the President
3.
| Also, message from the Mayor announcing
| his approval of an act to construct a sewer in
Massachusetts, avenue, between Sixth and Sew,
snth streets west m act to grade and gravel the
carriageway and pave tho sidewalk In the alley
| known as Grant street, in square 375; an act to
set the curbstones and pave the footway and
cutters on the west side Of First street weSt be.
tween ii and streets north; and an act to set
the curbstones and pave the footways and gut.
ters on the east side Of Third street west, be.
tween / and N streets north.
AlsO, a message from the Mayor, transmitting
the account of the apothecary Of the Fifth ward
for furnishing medicines to the poor, for the
quarter ending June 80. 1867.
| SALARIES OF THE SECRETARIES
The President laid before the Board the fol.
lowing message from the Mayor:
To The Board Of Common Council:
GENTLEMEN l return, without my approval
an act which originated in your Board. entitled
An act increasing the pay Of the secretaries Of
the City Councils"
lst. Because the corporation Is In no condi-
ton to increase the pay Of any OF its employees
I'd. Because / cannot see the particular pro.
priety of increasing the salaries OF tho sccreta.
ries Of the two Boards of the City Councils
without doing the same In the very many other
equally meritoriQus cases.
Sd. Because tho incumbents were fully ap.
prized Of the amount Of compensation they were
to receive for their services at the time they
sought and were elected to those positions, and to
approve Of this bill would by precedent commit
the Council to do the like ia the case Of ench
and every employee Of the city.
| Very respectfully,
RICHARD WALLACE, Mayor.
The bill was passed over the Mayors veto
yeas l4i nays 3, Messrs. Bal, Dalton, and Nalley
| BILLS INTRODUCED.
| Mr.. o, s. Baker introduced 4 Joint resolution
extending the time for laying fool. ways, CUTTERS
10 to December 18th, which was amended on
the motion of Mr.. Pfau to include sewers, and
passed.
Also joint resolution extending the time for
allowing the abatement Of Eve per cent for the
prompt payment Of taxes, to December 18th
passed.
Mr.. slowen presented the petition of Bladen
Forrest, for sewer on II street north, between
18th and 10th Referred.
Mr.. Pau presented letter from the Water
Registrar, enclosing letter from Wood 4 Co, Of
Philsdelphia, in relation to payments for water.
pine Referred