The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-10-20

To change the grade OF Fifth street east
between Pennsylvania avenue and q street
Joint resolution to continue the grading and
graveling Of Fifth street east, between Nir-
gina avenue to l. street south.
from Virginia avenue to N street south.
Bill to pave. gutters, 40, on o street north,
between Third and Fourth streets west.
Bill to pave the carriage way on d street
north, between Second stfeet west and New
Jersey avenue.
Bili to pave alley in square No. $50.
Bill to pave alley in square No. d2p.
Bill to pave the footways, &c, on the south
side Of u street north, between First street
west and New Jersey avenue.
Bill to pave footways, &c, on both sides OF
Fifth street east, between Pennsylvania ave.
passed,
Mr.. Kelsey, from the Committee on Drain.
sixth street west, between l. and NJ streets
north,
Mr.. Brown moved to postpone for one week;
which was agreed to.
Mr.. Kelsey ais reported bill to take up and
relay gutter and make trunk at the corner
OF l. street north and Seventeenth street west
passed,
Also, reported adversely on the bills 10 con.
stfuct q sewer in Fifteenth street west, be.
tween and streets north, and in II street
north, between Seventh and Fourteenth
streets west
Mr.. DAVIS, from the Committee on Markets,
reported = bill appropriating 81, 200 for repair.
ing and erecting sheds. &C, in the Western
Dir. Bates, from the Committee on Claims,
reported bill to remit the taxes assessed on
the property Of the Austrian Minister for the
years 1885 aud 1861; bill to remit the taxes as
sessed on the Nineteenth street Baptist church
bill to remit the taxes assessed on st. Vim.
cents Orphan Asylum for the construction OF
n sewer; bill to remit fine imposed on Rob't
Coleman, by Justice Tucker; bill to remit n
fine imposed upon Hiram Wells; bill to remit
fine imposed by Justice Harper upon Lewis
Smith, foI digging sand on NJ street north, un-
Commissioner of the Fourth ward. Passed.
Also, asked to be discharged from the fur.
Their eon:ideration OF the petition OF J, II.
petition Of Daniel Pfeitfer. Agreed to-
Also, reported bill to remit a fine erro.
neously imposed upon Chas. Waters by Jus
tice Morsell for carrying a concealed weapon;
bill to remit taxes imposed upon John q.
Stock for improvements on his lot In square
No. 2Ss when no Improvements have Teen
made on the loti bill to remit a fine imposed
bread called Jocks" which Mr.. Bates held
did not come under the law, any more than
sracketSi esEsa, &c; me bread being made in
Also, bill to pay PERI Carson 400 as COM
pensstion as night Waterman in the west ing
Of the CITY Hail building.
MIR. Brown moved to lay the bill on the
tablei which was not agreed to-ycas !,
nays 10.
The bill WAS then passcd-yeAs Il, nnysO.
g.,
reported bill approprinting $1,000 for the
construction of a bridge across the canal at
Virginia avenue, on the plan Of the eng noer
OF the canal; which, on motion OF Mr.. NHllcy,
was not agreed TO.
Mr.. l. u. y, Miller moved to rccommit the
bill; which was agreed to.
The president appointed Mrgsrs. Chase and
Nalley to superintend the erection OF the
school building In the frat school district.
Tho president pro ten. (Mr. SRrdo) appel Int cd
Mr.. Fowler as the committee on the part OF
n raj n ~ - q Inn nf ln att
bridge.
The bill (B. Az to establish three new
primary schools IN each school district was
The bill (B. A. to establish four inferno.
diste schools was passed.
The amendment OF the Board OF Aldermen
to the bill, authorizing the Mayor to borrow
money to pay the hremen, was concurred In.
Mr.. q. W. Miller moved to consider the vote
by which the bill to construct sewer In sixth
street west, between l. and NJ streets north
was recommittedi which was agreed to, and
the bill was passed-yens 10, naysI.
A number Of Improvement bills were re-
ferrcd.
MIR. Taylor called up the report OF the Com.
mittec OH Elections; which was postponed to
allow the minority to submit their views.
Mr.. Ball moved to adjourn; which was not
agreed to.
The motion of Mr.. Taylor WAS agreed to.
MIR. Brown, from the Committee on Eiec-
tions, presented the following AS the views Of
the minority:
The undersigned, a minority OF the Commit.
tee on Elections, asks leave to place on record
his respectful dissent from the report OF the
committee, SO far as 1t recognizes the eligibil-
ity to seat 10 this Board OF Garter A. Stewart,
returned as member from tho First ward.
The nth section of the city charter provides
that no person shall be eligible to \ seat In tho
Board OF Aldermen or Board Of Common Coun-
Gil unless he shall be more than twenty. five
years of age, and free lrhHc male citizen of
the United states, &c. This explicit provision
OF the organic law OF this corporation has
never been repealed or modified, and remains
In full force. Therefore Mr., Stewart, being a
coloFcd man, was not eligible for election to
either Board OF the CITY Council, and OF course
not eligible to membership.
The undersigned Is aware that Congress has
on two occasions passed bills to extend the
privilege of election to Office to cOlored men.
But each Of these bills WAS passed at y time
when Congress was near the period of ad-
journment, so rs not to allow The coustitu.
tional period of ten days within which the
President might return the bill with his OBJ
iections; and he, doubtless dee ming the meas.
ure inexpedicnt and impOlitic, retained the
bill and prevented 1t from becoming n law.
Tho undersigned Ia ais aware that on ono
OF these occasions (the lattcrla member of the
Senate, In calling the attention OF that body
to the retention of the latest Of these bills,
argued that 1t had become law because OF
the peculiar nature OF the adjournment, at
having been for the holdaysO and that in con-
sequence OF the arguments advanced by this
Senator, the bill was referred to the Commit.
tee on the judiciary, that the whole matter
might be thoroughly Investigated. But that
SGmTlttSG made no .,r1rt nrom the subject;
from the views of those who held that the bills
had become law.
But, aside from the action of the Senate, wo
have other evidence that this hill did not be-
come law. In making coored men eligible
for office, 1t also made them eligible as Jurors
OF the Supreme Court of this District. That
court, AS every member of this Board knows,
has never recognized and does not now recOg.
nize the eligibility Of this class OF people for
jurymen, as 1t would he constrained to do II 1t
had la haE INN arts nj faa 70 "a
that this bill has never been filed as 4 law In
the state Department, and does not appear In
the published statutes OF Congress. These
iacts, OF Themselves, afford conclusive gNl-
dence that the bill failed to become a law, and
therefore Mr.. Stewart cannot be legally nd
mitted to \ seat In this Council.
For these reasons the undersigned recon-
incnds that the name OF MIR. Stewart be ex-
cepted from the list of members who are re.
ported by the majority Of your committee as
being eligible to seats /" this IoaEd' prow.
Mr.. Brown said his report was not made
with any personal feeling towards MIR, Stew.
duty under the law to object to his retaining
his seat, on the facts stated In the report.
Mr.. Chase said he was prepared to defend
the majority report, but the previous question
having been ordered, necessarily prevented
him,
Mr.. Russell asked whether the charter WAS
not stlll the organic law, and whether the
Board could not Judge of the eligibility Of Its
Mr.. Kelsey read the act OF Congress, which
provides that the certificate OF the city Regis.
ter shall be pritna fdcie evidence OF the right
OF member to his seat.
Mr.. Hine said that when the supreme Court
Of the United States had admitted colored men
TO plead before the judges of that court, who
WAS there so high that he could not assoc ate
with an Intelligent colored man In this
BnAfdl
Mr.. Dalton moved that the minority report
be printed which was agreed to.
The majority report, which states that all
tho members are qualified, was adopted by a