Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-10-20

Bats IClnimstBail TO remit the taIes A.
sessed on the property Of the Austrian MIME.
yer Tor the years ,so and is61 to remit the taxes
assessed on the 10Th street Baptist Church. 70
remit the taxes assessed on ST vmcent's Or
phan Asylum for the construction of a SO wer.
10 remit a fire imposed on Rober; Coleman by
justice Incker; 70 remit q hne i'm posed on RI.
ram Wells, TO remit fine imposed by JustIee
Harper on Lewis Smith tor digging on M street
nortb, under privilege granted by James J.
Campbell, Commissioners of the Fourth Ward;
passed Also, asked TO be discharged from
the further consideration Of the petition OF
). H. Merrill. the petition of W. 3. Walter
and the petition of Daniel Pfifsr; agreed TO-
Also, reported bills to remit fine erroneousiy
imposed upon Charles Waters by Justice Nor
sell for carrying a concealed weapon; to remit
taxes imposed upon John q. Stock tor improve
m'nts on his lot in square No. 3ss, when no
Improvements have been made on the lot: TO
remit fine imposed upon F.. Dssfosse for
selling species Of bread called "Jocko," which
Mr.. Bates held did not come under the law any
more than crackers, cakes, &c, the bread being
made IN long sticks and circles; passed. Also,
bill TO pay Perrie Carson Sl0O as compensation
as night watchman i'm the Yves. wing Of the
City Hall building. Mr. Brown moved to lay
the bill on the table. which was not ayr, ed to
yeas :. nays ID. The bill was passed-ycas
II, nays g. BY Mr.. Bates, Canals Commit.ee)-
bill appropriating S2,C0D tor the construction
OF bridge across the canal at Virginia avenue,
on the plan OF the Engineer of the Canal; re-
com mitted.
Tire President appointed Messrs Chase and
Nalley to superinlend the erection of the school
building in the First School District. The
President pro tea Mr.. SaTdo) appointed Mr..
Fowler as the committee on the part Of this
Roard on the construction Of the k-street
bridge.
Aldermen bill to establish three new pri-
mary schools IN each school district, and dill
TO establish four intermediate schools were
p"ss'd. The amendment of the Board of AL
dc men to the bill aUthor iZing the MAYOR to
borrow money to paw the tiremen was con-
CURED in. Mr.. G.. w. Miller moved to recon-
: der the vote bv which the bill 10 construe. a
sewer in &, h street west. between l. and M $
north. was reeommittsd, which was agreed %.
and the bill was passed-yeas 10, nays 1. a
rumber OF improvement bills We're referred
Mr.. Taylor called up the report of tue Commit
&c on Elections, which was postponed To al
low tn minority to submit their views. Mr.
Ball moved 70 ad iourn. which was not agreed
TO. The motion OF Mr. Tay lor was agreed to-
Mr.. Brown, from the Committee on Elections
presented the following as the views of the MI
noTIty. :
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 ii recognizes the eligib,lity
TO seat in this Board of Carter A. Stewart re.
turned as member from the First Ward.
The filth section of the city charter provide s
that no person shall be eligible to a seat in the
Board Of Aldermen or Board of Common Conn
Gil unless he shall be more than Twenty-Five
years ofage, and free 'oaits male citizen OF the
nlted States, &c This explicit proyis Iou
OF the organic law of this Corporation has
never been repealed mod. fed, and remains
IN full force. Therefore, Mr.. Stewart, being a
eoiored 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 10 cOiored men,
But each of these bills was passed az a tine
when Congress was near the period Of ad.
Journment, 80 as not 10 allow the Constitutional
period of ten days within which the President
no ypir nn,a
he, Doubtless deeming the measure lnexpedi.
ent aud impOltic, retained the bill and pre-
vented II from becoming law.
Inc undersigned Is also aware that OF one
OF these occasions (the latter a member of the
Senate, IN calling the attention of that body 10
the retention of the latest of these bills ar~upd
mat II had become q law because of the Decu.
mar nature OF the adIOurnmenr, lit having been
for the holidays,) and that, in consequences of
me arguments advanced by this Senator, the
6'il was referred TO the Committee on the
judiciary, that the whole matter might BE-
thoroughly Investigated. But that committee
made 30 report upon the subject clearly iLdi-
eating that IFS ludgment differed from the views
81 these who held that The bills had become a
But aside f-cm the action of the Senate. we
HaNt otnef evidence that this oil did not be-
come a law. In making colo-ed men eligible
Tor ofhc-, II also made them eligible as iurors
OF the Supreme Court OF this District That
court, as every member OF this Board knows
has never recognized and does not now RED
niLt iHe eilgiUIlty OF tblS class OF pCODlp for
luTymsn, as IL would be constrained u do If il
had become law. Osher important facts aIs
mat TINS bill has IeVer been filed as a law in
The STATE Depar;ment ard does not appear IN
The published statutes of Congress These
iacIs, of tLemSel yes, afford conclusive eyi-
denCe tLat lie bali failed IL become 4 Law. and
Nh. Stewart cannot be legally adj
mlited 10 z seat "a this Council.
For these reasons the undsrsrgned recon-
mtnds tLat the Lame of Mr. Sc wart be ex-
cepted rem The list of members who are re-
ported by the majority of your committee as
w f. BrowS.
Ur. Brown SAID his report Wa nor made
with any personal feeling towards Mr.. Stew
AT, but for the reason that he REGARDED il his
duty under the law TO object 10 his retaining
his seat, on the facts stated in tn report Nj
Chase said he was prepared 10 defend the ms
loIy report. Mr.. Russell asked whether the
cIsrfer was not still the organic lay, and
W h. Their the Board could not III ige of the eli.
gibiity Of its members MT Kelsey read the
act OF congress, which provides that the ce--
Ihcate OF the city Register shall be prina face
whence OF the right Of a member TO his seat.
Dir. Hine asked when the Supreme Court OF
The United STATES had admitted cJiored men TO
piefd before the Judges of that court, who was
'he re so high that he could not associate with
Al intelligent colorPd man in this Board M.
Dalton mo we'd that the minority report be print.
fdi " hich was agreed to. The majority report,
which states that all the members are DUAL lied,
adopted by a strict party vote Mr. Stay
would nave been thoroughly discussed. For
nlInseli he wanted the question settled. uoT
ana forever, whether 4 man legally elected.
and possessing the ability, WAS not Il man on
account OF his color. He had been elected nv a
OF 80 votes, and some OF the members
CT the opposite party had voted tor him. In
Judgment he was entitled 10 his seat. and.
I permitted, should vote aye" Tne result
"a7 anHounced-yea9 II, nays. Aljourned.
o-
Landlord AND TENANT In oTtdm Decision.
ustce smith gave the following decision yes
'crday afternoon in the case OF Denogeant,
and Anals Fulenot VS.. Mrs. Mary III. kearney,
to recover the possession of Il house under q
five years lease. Denogeant, I. and Annals Flu
Jenot complain that Mary NJ Kearney torcIbly
and unlawfully depTives them of premises
which had been leased 10 them for five wears
from and alter the 18th ultimO, and iutroduc.
as evidence a written lease of sand premises
from Richard VI. keeruey to them, together
with his written authority from Mrs. kearnpy
LOT so DONG, the. an, hority bearing date of
August 18th last. and the lease beng dated
September 18th The defendant Admitted the
validity Of the authority given, but claimed
thatit was revoked before the execution of the
lease. But as 1t appeared from the evidence
Mrs. h. intended 10 revoke Iaehard's power to
lease so that she might oecu''y the house her
SELF and as in the meanwhile the plaintiffs had
occupied the house about ore week ard had
made considerable repairs, then the question
arose W neither The complalnants acquired any
rights under that lease. After q uoting on that
point the following extract from the decision
Of The court in the case of Beard vs. Kirk re-
corded In 1lth n. II. Reports, page 397, and
rlied IN full as an authority in 1st Parsons on
contracts. section {, and incorporated in the
text wrrd for word as established law in Stsry
on Agency, section 47U)-" Thus, where an
I'D hv