The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-05-07

The CoUSoms.-Bodrd Of Aldermsn.-The
Board met last evening, Alderman Davis In
tho chair, In the absence Of the recorder.
Resolution &c. CO. providing for the pay
ment Of bill OF Georgetown Courier was
passed.
Resolution &c. c. } per hitting the use of
market-house hall for religious purposes was
non-concurred In.
Resolution 20. c. to pay for repairs of
Greene and Water streets at X street bridge
was passed.
Resolution &c. C.) amending a resolution
passed April 10, 1869, for the Improvement
Of High street was passed.
Resolution &c. C.) amending resolution
passed April 90, 1869, confirming the deci-
sion Of the jury Of condemnation OF stoddard
street was passed.
Mr. Cooke offered q Joint resolution ap-
propriating 10000 TO reimburse the register
Of wills Of the county OF Washington for
amount expended by him In furnishing rec
ords and dockets for the Orphans Court OF
said county and Districts said amount being
two fiftecnths Of the whole expense; and the
resolution was passed.
Adjourned.
Common Council. The Board was called TO
order by Mr.. Dunlop, who moved that VIM.
Clabaugh take the chair, In the absence Of
the president.
Mr.. Dunlop presented petition from the
members of the fire department, asking an
increase Of pay. Referred.
Also, resolution In favor OF the George
town Courier. Passed.
Mr.. Marbury reported an ordinance relat-
ing to the duties OF the night scayenger. Re-
ected
Mr.. Hutchins offered q resolution to pay
to the order Of Messrs. King Il Newman, for
improvements on Green aud Water streets,
at X street bridge, the sum Of tl60.5O.
Passed.
Also, a resolution relating TO the gravel
ing OF the east side OF High street. Passed.
Mr.. Dunlop offered q resolution for the
Improvement Of Stoddard street, from Con-
gress to Washington streets. Referred.
Mr.. simms reported an ordinance for the
opening of Stoddard street, between Con-
gress and High streets. After considerable
| debate II was passed.
The Board concurred In the Aldermen
amendment relating to the exemption Of 81.
Johns church property from taxation, by
inserting "lccturc room" In lieu OF SCHOOL
i house."
Tho resolution granting the use Of new
market house hall on sabbaths, for religious
purposes, was passed.
Mr.. slmms offered resolution 30 amend
ing former ordinances, relating 10 the i'm
provement Of stoddard street, as to author
lie the tax collector TO enforce taxes as
recommended by the jury OF condemnation.
| Passed.
The Committee on Market House asked to
be discharged from the further considcra-
ton Of the petition for the use OF market
house hall for benevolent purposeb. Agreed
to.
Aldermen resolution for the relief Of the
register Of wills Of Washington was re-
ferred.
GEORGETOWN MERCHANTS EXCHANGE
The following was the business transacted
yesterday. The offerings were 200 bushels
red wheat, 5000 bushels Of which went of
readily as follows: 200 bushels at t1.70, 100
bushels at sl.15, 800 bushels at $l.9O, 400
bushels at Sc, 200 bushels at $3.50, and 200
bushels at 5000.
THE COURTS.
| DISTRICT SUPREME CoURT-GsHerdl Term -
Chief Justice Cartier, and Justices wylic,
| Oiin and Fisher sat In bdnc ycs'crd,y and
| transacted the following buslnessi
} ANISTEngsTIS0 CoRPOnATI"S CASH.
| John Bartlett vs.. $, J. Bowen, Mayor OF
| Washington. This case, reported yesterday,
| the Mayor to issue license as pawnbroker to
| the complainant, he having paid to the col.
lector the tax on such license.
The court upon opening this morning an
nounced its decision Chief Justice Cartier
| ssid that In the case OF the application Of
Bartlett for m'ndamus the court had not
| termination Of the court was to dismiss the
| application for mandamus, the question here
being one merely q costs. Ths pe,I,io,r T *:
Sisss sit 70 s sSS%s might Sseons pssnSSoisI..
was open to a diversity OF opinion the deei.
| sion by their predecessors and the whole logic
Of the subject made 1t clear to his mind that
| the discretion In reason ami law was Teposed
| In the Mayor to determ ne the character of a
man that should exercise this doubtful bust.
| ness. His recommendation would be to repeal
| are next neigh6ors to thieves, practically.
Judge wylie said he was compelled to dis
| sent from the decision reached by the Court In
| this case. The charter Of the city, granted by
| Congress, conferred upon the corporation OF
| Washington authority to license pawnbrokers,
4 the corporation, thought proper to exercise
| that discretion. He desired 1t to be observed
| that this power Is conferred upon the corpora.
| tioH hnd not upon the Mayor, he being only one
branch OF the corporation. In pursuance OF
| the powers thus granted, an ordinance was
| passed by the Councils making II unlawful for
| any person to carry on the business OF pawn.
| broker without a license obtained from the
| Mayor, Tor which he was 10 pay u specified
sum to the corporation. ami the ordinance
| directed that the license should be signed by
the Mayor and countersigned by the Register.
| In the passage Of this ordnance the Q prDora-
| tion exercised the discretion conferred upon Il
| by Congress. The Mayor had no discretion
about itNt ali. The corporation had acted and
| the Mayor was merely the executive officer Of
| the corporation. The Mayor has no power TO
| dispense with an act OF he corporation. Where,
Would ask S 3fd the Mayor the pSEs;
| This claim on the part OF the Mayor, OF the
| dispensing power Of an act OF the corporation,
The claim set up by the STUART, which brought
| about the revolution OF 'Ss. James ii under
| took to assert the right on the part OF the
| Grown TO dispense with the operation OF the
acts OF Parliament Ia such cases as he saw
| proper, and The result was well known. The
Mayor had no power to dispense with this or.
| dlnnnco. 1t was his duty to execute this ordl-
| nance, and 1t directed that a license might be
| obtained by anybody on payment OF the reaui.
site fee. And 1t was remarkable, too, that In
| regard to this pawnbfoker bu,ineIs the ordi.
| nance used precisely the same language that
| 1t did In regard to = merchsnps right to carry
| on his vocation. u the Mayor had the power
| to inquire into mans moral character, into
| his niness to carry on vocation, for which
he applies for license, how was he TO try
y. sondemned on mere suspicioni who gave the
| Mayor such power as that 1t was danger
Gus prerogative to ciothe the Mayor With to
| let him say who should carry on different
| kinds of business ~ the cltyj who should be
| our merchants; who should be our brokers,
who should be our drsymen, NJ; He did not
| than to say that II was a dangerous assump-
tion Of power on the pNrt Of the Mayor. which
ought not n 10 Dc ,tyI ,Ss by ihs court
| with the majority OF the court In dlamissinE
| the Applicationfor mandamus Ia hits particular
| case, the question oelug manly one OF the
| petitioner, he nevertheless wanted IL under.
| stood that he regarded the Mayor as bound
| under the law to grant this and any other
| license provided for on the payment Of The
| amount prescribed. He had examined the sub.
| Ject with some care, and this exAminatl ton h sd
| convinced him that the Mayor had no right TO
| refuse to grant license. In the ordinance
| passed by the Common Council, he did not see
any discretion vested 10 the Mayor at all. Al.
| though the business Of pawnhfoker might be
| somewhat disreputable, he inferred, from the
| language OF the ordinance, that the Common
| Council meant to let anybody pursue their
| business who chose to pay the license, exact.
| ing no qualifications as regards character ut.
| ness, or number. This was question Of very
grave Importance TO the Interests Of the city,
| and he never could consent to hold III at this
| ordnance Of the city vested this discretion
power In the Mayor, unless the Common
| Council, In the abuse OF the discretion con.
| ferred upon them, should transfer and make IL
| q one man power thus placing 1t In the con-
| troll OF the Mayor to say what man should not
| pursue his vocation either as merchant tailor
| or other occupation during his brief period OF
| Official life. II that were the law, II would be
high time to repeal It, In hiS judgment but he
did not think 1t was the law. -
Ewing Va, Fuller ct Al. The motion IN AIDE in