Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-13


simple resolution OF inquiry.
Mr.. Moore had nc objection to eliminating
the words "i1legally constituted" When he in
troducsd his former resolution ne had all the
iHfofm alton he has now. In that resolution
the report was only stated that eleven mem.
bers were ineligible In this resolution the
ineligible members were named, that the Cor
porat Attorney AMI every one else seeking
information, might know the facts in the case.
He didn't know how be could meet the views
OF the gentlemen who objected to this resola.
fion, except BY re vising the OLD one which they
had vofed down. He then took up the argQ.
ment of Mr.. Elvans. that Mr.. Bradley was no
longer law off Ger OF this Corporation, because
he had been dismissed {iilsgally Mr.. Moore
thGught) from the Criminal Court by one Of
the judges Of that court Such dismissal, If
legal, did not affect him in the Circuit Court
where he appeared for the Corporation in
civil suits.
Mr. Elvans thought the Corporation At.or.
ney might have suits of the Corporation to
attend 10 in the Criminal Court; nuisance
cases, de-. and he could not appear in that
question whether Mr.. Bradley mad power to
act as Corporation Attorney now at all. He
would suggest further consideration, and
iInses,isatlon by a JONI COMMITTEES OF the two
Boards, and then, if IL is shown that the lower
Board is shirkng. or there is an intention to
retain members not legally ualified. he would
60 BE lar as any prcperty-holaer or any mem
ber Of the Board, but onr action ought to be
such as not to interfere with the prerogatives
of the lower Board. Ii they sn,rk their duty
in the premises, the gentlemen who favor this
resolution will find that the member who now
oppose il VIII CO Operate with them ia proper
action
Mr. Moore read his former resolution which
was vofed down. contenciag thatitw was merely
resolution OF inquiry.
Mr. Richards SAID that was not SO. That
resolution said il was currently reported that
ten CT eleven members Of the lower Board
were not Unqualified. Currently reported where!
He was in the current, and had not heard IT,
except from few partisaEs IL then the
matter with the Mayor. That was a very diff
ferent thing from asking the Corporation Al
terney tor his legal opinion.
Mr.. Eivans wanted 20 know whether this
was legislative or judicial body, and con-
tended this Board had nothing to do with the
legality of measures passed by the two Boa rds
That was matter for the courts. II we passed
laws we have performed our tire duty, and
any tax payer who feels aggrieved can take
the latter int court.
Mr.. Richards thought the object could he
accompiish he'd by simply inquring, With
out mentioning names, ms TO the validity OF
our legislation if there are members
the char:er. He believed all legislation here
was legal il there was quorum Of members
properly qualified.
Mr.. GireE thought it a very important part
OF the duty OF this board to ascertain whether
the Joint action OF the two boards as at present
constituted is legal During the tine ne had
been member Of the G5th Council, ne had
been doubtful whether all its acr,on was not
illegal IN con sequence OF nearly a majority Of
the lower board being ineligible. They &C.
knowledge the fact themselves, some of them
that they are no, qualified. The charter re-
quirss then to be assessed on the books OF the
Corporation for the year previous to the elec-
flon, and ii was no use cavi.iing about 'he
question, whether they owned property on the
was still law officer of this Corporation or not.
he should vote for q reseluuon like this every
night, II necessary. until this question is
Mr. Wcoro .bop -oo6 <ror, ,ha ,o, III, a.,,o.
Of The Corporation Attorney, and was referred
by Mr.. Elvans 10 the act Of May 2stn. 1853.
who asked how Mr.. Bradley could attend to
bis duties II ne did not have access to the
courts.
Mr.. Noyes said he had voted against the
previous resolution OF the gentlemen from the
Fourth Ward thinking II matter OF courtesy
to allow the committees OF elections Of the two
Boards due time TO examine and report apon
the qualifi cations OF members. The committee
OF The upper Board haa done so, and set the
Board right upon the record. He regretted
very much to see that The committee in the
Lower Board had failed TO act, and it wonid
soon become necessary for the Board of AID, r
men tc take some action.
He was Informed that the committee would
probably report 10 night, and 10 give them op-
portunity 10 do SO he was willing 10 postpone
action on this resolution until next week
MT. TAFT hoped the resolution would pass,
and briefly advocated II as simply one CT in.
qniry.
Mr.. Moore said they conld amend his resolu-
within one OF a majority OF the lower board
were ineligible. so the tax books snow, but
members may have been placed in a different
position Just previou to the election as TO the
properly qualification:
Mr.. Richards offered the following substi-
tute as an amendment
Resoired ty tie Board Of Aldermen. That the
Corporation Attorney be, and he is hereby, re-
spectfu!ly REG rested to advise this Board
whether, under the law, this Corporation can
enforce The collection OF any taxes either for
Council, a minority OF whom are holding seats
no. according to the charter.
Mr.. Richards said IL a motion TO postpone
pre- Vaifed, he would wave his amendment:
otherwise be would press 1t.
week.
direct vote on his resolution as offered. The
opinion OF the Corporation Attorney will be OF
interest now and in the future. 1t Will proba-
oly prevent any OF our fellow citizens from
committing like blunders in future.
The question was then taken on Mr.. Noyas'
motion to postpone and print, and it failed by
the foiioWing vote: Yeas-Messrs. Grinder,
Noyes, and Richards-3. Nays-Messrs Ell
vans, Given, Larman, Moore, Talbert, TAFT,
Turfon. and President, (Barr)-s. The qnes.
ton was then aiken on Mr.. Richards amend
ment, and It failed by the following vote:
vans, Given, Grinder, Larman, Moore, Noyes
Talbert, TAFT, Turton, and Presldent-1O. The
question then recurred on the preamble and
following vote: Yeas-Messrs Given, Grin.
der, Moore, Moves. Talbert, TAFT, Turton, and
Nays-Messrs. Elvans, Larman,
and R,chards-3.
Mr.. TAFT presented a Communication from
the market master of Center market, asking an
appropriation OF 800 for hose. for use OF Cen
Ter MARKET; reierred to committee on markets.
Mr.. Moore, from the committee on improve
rents. reported bills to set the curbstones, and
pave the footways and cutters on the north
SIDE Gt street north, bet Ween 14th and 18th
streets west on the north side OF N stree. north,
between 14th and 18th streets west; ON the
north side OF q street south, between I'd and Sd
south, between Sd street east, and the alley in
aquare 7se: on the south side of d street, be-
tween 18th street and New Jersey avenue: and
on the east side OF Sth street west, between b
and ID streets south; all of which were passed.
Also Introduced bill to change the grade of
the side on the north side Of East Capl-
toi street, between 4th and 5th streets east:
passed.
hlr. TAFT from the committee on police asked
TO be discharged from further consideration of
Lhe petition OF ;. M. McKean in relerence to 4
nuisance alleged to be created BY the Metropol-
tan railroad company on l7tn street west from
+ street north to New York avenue, that being !
stsrt,pg point for the cars and s.a place for
zoo horses 10 empty themselves" Mr.. TAFT said
the president OF the company assured him
no nuisancefsho hould be created. The committee
was discharged. Also, reported back, without
dHtion, the petition OF the hackmen.
IN relation to the locatio n OF their stands on /
be allowed to again occupy the il stands in
front OF the hotels on that avenue from which
they were removed during the war, with the
petition OF property holders to the same effect i
stating that he did 20 thatthe board might take i
proper action IN the premises: Mr.. ElyaAs