The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-16

IMPORTANT Deorsros-CAs STREET Cars
M DRIVEN THRoueH PRocRssIos1-Jus-
tlce u. l.. Schmidt Of the Seventh police
precinct, has made the following decisioni
warrant had been taken out BY Richard
Tompkins, against Frank FORESTER, the
driver OF street car No. 90, charging him
with the violation Of . corporation law by
driving acro.s civil proccssion-act OF Vc-
tober 10, leSo. ans procession, iormod "
tne snoua'n scn0o' Oh .srnel churen, wo,e ~
tne unic sIsne rennsyivania a,ouo,
wheh .nc aoove mentioned driver In.crrSP.eu
tne same, cch.r,Iy 10 section sow" vi inc
sa,G corEgra.on Jaw.
The washington and Georgetown Rail-
roau SonP ueic rcPIo,o9'ou " messs.
, prsasy s ans n'g Tas n, anu ~ ~. n,ne ior
Wy P'1inn. Inc 'o"o""s "tne aechion
!" ane 'asaeci
Plnc'p,o aam,..ng ., no question
hh = Soipvrhaon A.os nothing except
VIVA. P,slny oppressed ana unequiyocaily
gransca ny tne cnaner OF incorporation.
Inc supreme Soun OIL the United states a
reeefs, ~ .oo) nave held that "A corpora.
uon - eticuy hmted 70 the exercise OF
those poWes when are specially conferred
upon 90 IN fennsylvania VI fcnn., "
Is heid mat IN the construction OF a char.
YET 70 DC IN douot 70 DC resolved, and
every fesoiuuon when springs rom doubt
lNAganHt tee Corporation. Is also un-
questioned that the Legislature In passing .
statute uia not interIere win or abrogate
any PRIOR law reiaung 70 the said matter,
unless tne ,ePusnancy oesween the TWO IL
nreeoncnao'e anu ,nat courts are pound 70
opno'a tne prior law the Two acts may
wen supsist toge'hc,. scdgwick, In his
work on sta.utory ana oonstitutional Law,
page iso, ADVISES us 'that When tho mind
oil the Legislator has been turned TO tho de-
tails OF tnc suolec. ana ne mas acted upon II
subsequent statute In general terms, or
treating the subject In Q general manner,
snd not expressly contradicting the original
act, snail not De considered as intended TO
Affect the more particular or positive provi-
s,ons, unless sose'ss'y nses.sdry 70 give
the latter act sucn construction IN order
that u sords .hdh have any meaning at all;
and iurther, tnat the intention OF the Legis-
lature In enacting law must always be
gatnercd rom c0nsidering All the provisions
| In IL, ana the evii intended 70 DC remedicd or
the Rrivheges INTENDED 70 DC conferred.
| nnd IN INC nrs, section OF inc act
enaer ,,, m me sno u ~ as.cmPw 70 DC
lenu h,ms ~. rom .nc oPe,Auon o, the ordi-
nance Oh sne Guy pronloMlng Tchicies from
uIn'ns .uousu Plpeessons, Una, me use
lect TO the municipal regulations Of the cities
OIL washington and Georgetown, respectively,
withinI their several corporate limits (l2
statutes Al Large, page Ss9.) Other sec
l
right OF general control OF the city govern
ment over the streets OF the city.
The provisions OF the 18th section, that
| SAID company shall have, at all times, the
Tree ana uninterrupted use OF their road
way construed In the light Of the uniform
decisions OF our courts, as indicated above,
forces the conclusion that the intention Of
congress, IN giving TINS general privilege,
was not 70 take away any OF the reasonable
rights or privileges OF the citizen, nor 70 In
terfere with any Of the existing laws Of the
corporation. am not nj liberty TO consider
law OF the corporation as unreasonable,
and therefore inoperative and void, nor can
discover an irreeoneiiaoie rePugnancy be-
tween TINS act oil Congress, under which the
. deienoant a.'emps 70 Protect hiGseli and
tue oruinahce OF tne CITY unuer Whicn ne Is
prosecuted. Hence, both must standi and
inasmuch as there Is no question made as to
the evidence OF q VIOLATION OF that ordinance,
! have no other duty to perform than to pro-
nounce the defendant guilty OF Its violation,
and impose tho penalty Of twenty ($20)
dollars provided for In II.
The defendant gave notice Of an appeal to
the Circuit Court.
-
skyksIn MAhp hhrcbticAS MhnIi No
mere was meethg OF the oeventn ward
Republican Cinb heid NJ Island hall last
hignt, tne president, =. A. noeWeii, In tue
chaiI, and =; L. y. bowen, secretary.
Aiter rcaaing the CAL ior INC meeting, the
president stated that this being the fret
meeting Oh the ciuD since tue election, the
report Oh the executive committee would DC
the hrst thing In order.
Mr.. sampson Meter, from that commit
tee, stated that the chairman oil the commit
tee was no, present, and that the committee,
not expecting to be called upon, were not
prepared 70 report.
1 announced n
be the selection Of q candidate for ward com
missioner, In place of Henry o. johnson,
who had declined the caucus nomination.
Mr.. Watson said that he had, at former
meeting, offered a resolution looking 10 the
making Of certain ofIlclals elective Officers,
As, however, we could not arrive at that
point on tho present occasion, he was pre-
pared to support the proposition Of the pres
ident Of the meeting. He was opposed TO the
one-man power.
Mr.. smiihson asked who was to vote for
these men.
Mr.. Boswell said he meant the loyal PEG.
nile. those who elected him and his asso-
Mr.. Smithson claimed to be as loyal Of
Mr., b., although he did not vote for him.
He thought the tax. payers had right to a
voice IN n sne nAt y. al, ,,o,.. ,.o,u,,
~ hon,a , y, S ma.n '" aa, Il, .aV ~, ~
uanoh nnnsiS.ra,ion =. The MAJ w. nj III
inu uea eons,'e'a'''h 10 'ne '"eu VINO hau
NOR monsy. o,.,, ,,s,u,.,o, ,,, .o,,,,
ae.a SIM, ~, ,u.'no, .snSid,t.s
"oeoIed ~ ny'n a.sa hoiua hroro,, far
III S Sona asoi,n.d hn,nr scondida,e ana
Tsnrs II parron TT r Grnneii and Jas
Gn,,i,s 80 riaood in non'ina,ion "
!" C SU tiscu..inn ans"sa n. IN In,
= o,,orac,e, ~ iii n,no,,na ma il. relation
: ~ ,hn osrcn. ,.bon NJ ~srs said he ha,
c hosn ,n,hori,.d nv NJ a. q. Baker TO insis
= mon the mama Of MT. johnson being place,
t in namination vhcther he wished II or not
4 anu , me ,hs III. ~ candidates.
9 W. Johnson in View ri ih,. stats oS IN
d case reconsidcred his detsrminatIon1 ant
r accented the nomipatIon.
A good deaI m lime was snent Il, gcnera
10 aehais when NJ N Raven MAYED j
m order 10 ciose debate. thai the caucus nom
e. nations he CONDEMNED by the meeting
n. Mr. Cbas. Jones and some Others vontc
1T IN know who the nominees were hero,
On voting TO eon0rm. but mon the assurance
I'd Mr. BoswelI that The nominee. would h
he satisfactory to the citizens Of the ward. tb
's. nominaiions were Confirmed. and. after som