Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-23

spfctS 10 LHe S6ttSIdcllOu OF gne COfpOTdt100-
Sec. 9. That the said Washington City Canal
Company shall be authorized and required,
and they are hereby authorized and required,
to cons 'ruct suitable pivot or draw.bridges. in
nal. to facilitate The passage Of vessels upon
said canal, and upon the plans 10 be agreed
upon by the said company and the Corpora
pany may deem it necessary to their interests
so to do, or the demands of trade reQnire 1t :
Provided dltsays, That in the vent Of the said
corporation and said company disagreeing ia
regard 10 any particular plan of pivot or draw
bridge, either shall have the power Of appeal
10 arbitrafors, 10 he chosen in the usual man.
ner, whose decision in the matter shall be
derstood that the said corporation has, or will
have, no right to prevent or hinder them. the
said company, from erecting the said bridges
hnk to tne
ulations and provisions as above set forth.
Sec. 10. That the said Washington Canal
Company shall have the privilege and right
OF way through Half street. and across and
through all streets that may be necessarily all
that part OF the city OF Washington as laid
proved by George Washington. in the year
1897, for the purpose of connec.Ing the James
Greek canal (now the property of tho Govern.
ment Of the United States) with the Washing.
ton city canal, and 1t is hereby understood
and acknowledged by the said city OF Wash
ington thai the said Washinzt Canal Com.
pany ehall nave the sole and exclusive priv.
ileEe Of continuing the said James Greek canal
to Its intersection with the Washington city
canal: Pr0rided, That the said Washington
Canal Company shall first obtain from the
way on land upon said Half street. and upon
oil cross streets leading into said Washington
city canal And prorided also, That the said
WASHINGTON City Canal Company shall com.
expiration Of five years from the date OF said
grant, or right Of way, and complete the same
within ten years from the date Of said grant
otherwise this, the tenth section Of this act
tenth section, shall be, and 1t is hereby, de.
claIed to be null and void.
Sec II. That said company shall cause good
and substantial bridges to be constructed
across South L street nd South N street, when
intersected by the said James Greek Canal
PrOrided. The said street streets shall be
opened and graded by the Corporation.
Sec ~. That this act shall be of force and
effect from and after the passage thereof, and
all acts or parts Of acts heretofore passed by
this CorporatIcn for the management Of the
said canal be, ana the same are hereby, re-
pealed." ,
Referred to the committee on canals, and
ordered to be printed with the proceedings.
Mr.. Wheeler presented the petition of Sam uel
Sears and others. for curb and pavement on
the west front of So uares 43s and 436 (east side
OF Eighth street west, between D and f streets
papers were referred to the committee on i'm
provements Mr.. Moore. from the committee
on Improvements. reported bill for the grad.
ing and paving OF the alley in square 375:
passed. Also, reported back Council Joint
resolution requesting the city surveyor to
furnish surveys and estimates for three
several sewers, with amendments. which were
adopted, when the resolution was laid on the
table. Also, reported back the Mayors noml-
nation of Mr.. John w. Dyer, for commissioner
OF Improvements in the First Ward (referred
back to The committee at the last meeting, for
further consideration,) with the statement that
the committee had received no further infor-
nation in the case until this evening, when a
letter bad come into into the committees pos
making certain charges against Mr.. Dyer, of
using his Official position for gain, referring to
grievances Of his own and OF Mr. John Null
doom in this connection. The nomination and
further consideration.
Mr.. Elvans presented the memorial Of Will
liam H Hobbs and others, property holders
on Third street west, between p and streets
north, stating that an error had been made 10
engrcssing the bill for improving Sd ST.. within
the limits named; also introduced a bill to set
cutters on the east side of Third street west be-
tween p and streets north; the papers were
referred te the committee on improvements
Mr.. Elvans called for report from the com :
council bill repeating the act esta bllsh ing the
ohce OF Superintendent and Inspector of
sewers. carriage ways, new buildings, &c.
Mr.. Moore stated tnat only himself and
another member Of the committee were present
at the meeting to consider the bill and they
were unanimous-one in favor OF the bill, the
called on, report unfavorably on the bill.
MI. .ElvaRs said he wanted this matter consid :
erec fairly and squarely. He believed tina, the
charter of the Corporation and the laws OF
Congress Were so clearly against the power OF
this Corporation 10 create the office authorized
by the bill in uestion. in the manner and at
the meeting when it was done, that no gentle
man except one who placed partisan prin ciples
above the public good-and he did not believe
there were any such in this Board-could vote
against the repeal of this bill. Section of the
Of that Of 1920, authorizes the Corporation to
pass all laws to carry into effect powers
granted TO ar Of its off GERS or servants bv the
acts in question; but there is no power given
the Corporation TO create Offi ces and provide
incumbents, unless as specially provided by
the laws OF Congress. By section g Of the char
ter Of lsie. the ofice OF the surveyor Of the city
Of Washington shall be the legal Office OF
record of the plats Of all the property in the
city Of Washington, and section OF the same
says all persons (qualif1ed as in the charter)
tborized to be elected at any election nder this
act" II the charter authorizes such officers as
the Water Registrar and Commissioner Of
Sewers they must be elected in accordance
with the charter, by the people. We f1nd by
sec. a Of the charter Of 1s4s that the Corpora
tion has power to define the duties. powers,
and authority Of the Surveyor, DC. We may
restrict the powers and duties Of the Surveyor,
but cannot annul an act Of Congress by ap-
pointing an Off Ger not recognized by the char
ter, to perform part of his {Ihe Surveyors J
duties. By section 4, OF the act Of 1920 it is the
duty Of the Mayor to notify the Boards OF his
approval OF bills passed by them. If the legal
sessions OF the Councils ended at their last
meeting In May, then by their adjournment
sine die they prevent the return OF tbe bill pro-
perly approved by the Mayo and II fails to
become law. Section 4 Of the act of 1920 says
thatthe Boards shall meet on the I'd Monday
In June, and at such other times as the two
Boards may by law direct: and section
3 OF the same act says the Mayor may
con yene the two Boards when the public
good requires, but he did not so call the
meeting OF June 9Th. 1867, and he Mr.. Elyans, }
questioned whether that meeting was legal.
Sec. 2, OF the act Of Councils approved June
I'd, 1883. provides that the Register shall close
the accounts OF the members on the first
Monday in June of each year, and to make II
the more explicit 1t is made the duty of the Sec
refary OF each board to furnish the Register at
the close OF every Council with the accounts
OF the members. How could the secretaries
furisn the accounts on or before the first
Monday IN June, II the Councils contin ued in
session until Monday, the 9th day Of June.
Sec. d. Of the act Of June Sd, 1853, IL conclusive
az TO the legality of the laws passed by. the
Councils on June 9th, 1857. 1tsays the Boards
shall meet, &c prorided that a, any such meet
ing the two Boards mag by joint resolution
They did not on Tuesday. May 2sth, adopt
such joirr resolution, their action was NOT
concurrent, nor did they adjourn to some day
within the week, as either board, could do
s'ngIy, with censent OF three fourths of the
menbers lpreent but each hoard separately
Thursday OF the next sveek-ten days.
In summing up he satd it was question:
able whether ANY act passed at the
meeting of Jrne could BY any possibility be