Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-20
LOCAL NEWS,
Corporation Affairs.


The Chair laid before the Board the following
Communication from the Corporation Attor-
ney'
40 the Beard of Aldermen The
resolution passed by the Beard OF Aldermen
oE the 18th inst. requesting me to advise the
Board whether under the law this Corpora
tion can enforce the collection OF any taxes
posed by acounci, II esis sv
reason OF q large proportion OF its members
being non taxpayers instead of free holders
"as required by the Charter involves very
grave questions, which I have taken time to
consider.
The 5th section OF she charter Of 1920 pre-
scIibes in perfectly definite terms the persons
Aldermen aod Board OF Common Council ,and
If the facts be as stated In the preamble to this
resolution 1t Is quite clear that none Of the par
ties named are eligible
The 6th section sas this provision: !" And each
Board shall judge Of the legality Of the elec.
uons. returns, dnd qualifications OK its own
members, and shall supply vacancies in its
NIL the same, Ike, &c.
This cannot enlarge the qualifications fixed
by the 5th section, but il leaves to each Board
so far as to qualify the memb bers to act de facto
and until 1T shall be JudicIousiy determined by
court Of conpetent jurisdiction whether they
are or not duly qualified.
Imere Is nothing in the preamble or the res
olnton submitted to me, TO show whether any
OF these gentlemen, or all OF them, have or
have not been reported upon as qualified, or
whether there has been any action by the
Board Of Common Council or their respective
cases. Il learn, however, from other sources
that they have all been reported to the Ooun-
cils as duly elected and qualified. and that they
have severally been sworn into office.
am not aware that the precise question
raised by these facts, and presented in this
resolution, has ever been decided by any court
OF authority. yet its solution is to my mind
quite clear on general principles.
They are the agents of the people, elected
by them. and charged with certain duties
The qualification OF the ag ent is prescribed
and,thetmeans Of ascertainin gthat ratification
is the point alleged ia this case in a public re-
cord open to every one qualified 10 vote II
the voters attending the election do not choose
TO cast vote, the presumption is that they are
satlsned with the election Of the candidate
and that they do not intend to dispute his
qnahtcctlon Ii they do vote, and are in the
minority, they have TWO modes Of contesting
the election-one before the board to which
the party was elected, the other before iudi-
cial trlhnnai competent To determine the rights
OF the parties. If the flrst of these modes is
adopted, and the decision is In favor of the
ohcer returned, and no resort is had to the
judicial tribunals, every presumption is in
Iavtr OF the ohcer elected, and he is in office
with the acquiescence OF the people; so far as
they are concerned, they are bound by the acts
OF men then in office.
Take another view OF it. How far will the
opposite principle go! How many officers
holding their office without warrant OF law
will be necessary to render void the legislation
OF the Councils 1t Is well settled that no in
qulry can be made except perhaps in certain
questions Of fraud) how any mem Der of a legis.
latiVe body voted on any particular question
lhe majority OF that body is dnIy qualified and
eiected IL is insisted that one, two. three. or
any number less than aiority were Illegally
elected, and all the illegal votes were cast for
that measure. But all inquiry INTO that fact is
precluded. SO that It can make no difference
now they voted. If minority only one less
than the jority shall be DISC ualfied and that
TACT can be Judicial1y inquired into in a suit
nor brought to determine that question, it fol-
lows that II one member only is disoualified
and ii can be shown that any act passed bv a
majority OF one was voted for by him, tha.
TACT may be inquired into II then any mum.
per less than a majority of the Board shall
hold their offices. being disq ualified ny law it
must be competent t,r any one effected by
sucn legislation to contest the validity of the
act. and show it was passed by officers not
duly quaiihed, and therefore is void. No cor
rorate body conld live if all its acts could
thus be inquired into in every collateral con.
test oWlng out OF their acton, that action
powers,
When it is further considered IN this particu.
lar case. that the Council has legi,imatelv with
Gnired into and d. cided the election qualifica-
tion and returns Of each Of these menbe
and they have under their decision taken tn
oath OF office respectively, il does not admit OF
very grave doubt, and in my mind it is clear
that OIL legislation in which they participate is
valid and can be enforced.
Jos. H. BRADLEY,
Atty Corp. Washington.
1t was ordered that the communication be
printed with the proceedings Of the Board
Also, communication from the Mayor. ap-
proving certain acts. Also.a comm unication
from the Mayor. returning without his ap-
provai bill which originated in this board,
entitled IAN act TO change the grade on the
north side Of East Capitol street, between lth
and 5tb streets east" The Mayor gives as his
reasons for this action -" First. Because il is
deemed unwise 10 change any OF the fixed
grades OF the streets OF the city without being
fully satisfied OF an imperative necessity there.
for, and as in this case, am not advised of
any reason for SO doing. All grades in the vi
entity OF the proposed change, as Well rs in
with a careful regard TO the symmetry of
the streets and the best surface drainage
OF every. part. and no change be
made, either there or elsewhere, without
dissaIraDeIDg the present harmonious sys.
tenn OF grades, and producing evils more
than counteracting the benefits sought to be
derived. To make the change Contemplated
by this bill will affect injuricusly the grade Of
4lh street east, between EastCapitol ana north
A street. The opposite curbs OF this street be-
tween the streets named are according to the
plans OF the gradnations, OF exactly equal
height above The city basis of levels. and the
descent from East Capitol 10 north A street
being only one foot in a hundred feet. conse.
quently there is no fall to spare. To change
effect OF placing the East Capitol street curb
on the west side Of 5th street east three inches
lower than on the east side of 5th street hu1
the surface has to pass along the north side
OF East Capitol street from west TO east,
from 4th to 9TH streets east where 1t
turns to the north, conseq quentIy ii the
west curb and gutter Of 5tn street, a. East
Capitol str eet be lower than the curb and gut
ter on the east side OF the street, a gutter to
convey the surface water would bc required
across East Capitol street, on the west side Of
5th street west 2dly. The expense of chang
ing the grade OF East Capitol street. as pro-
vided for in this bill, Is TO be paid by special
tax on the property. There is not. as L am
aware, any power TO lew special tax for
such purposes" Referred to Improvements
&c mmittee.
Also, a communication from the Mayor
n dominating tor Inspectors and Measurers of
Lumber: Malcolm Douglas John G.. Robinson,
Peter Gallant, VIM II. Johnson. Wm. j.
Herbert. David Westerfield. Referred to the
Police Com nmittee
Also, a communication from The Mayor en-
closing report OF the Commissioner OF the
First Ward, in answer 20 resolution Of this.
Board in relation TO the repairing OF pump
why defective foot pavements IN the First
Ward have not been repaired. Mr.. Dyer, the
says that the pump on the
u northwest corner Of G. and goth streets, has
not been IN use during the lasr two or three
years. and that he has never been asked TO
have il repaired. In regard to the dilapidated
copdltion OF the pavements referred to, he
says OWING to sickness of himself and family
for nc ore than three months. some OF his duties
Of min or importance may have been delayed
IL heir completion. The notices have in
scme instances been issued, and the balance
will be served in few days. Ordered To be
printed and referred 10 Improvements Com.
mitTee.
also. communication from the Mayor, en-
oyne in o tho ronort OF the Tom m issioners of tho