Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-04

Mr.. Durant commenced his argument for pc
titioners at $50 O'Clock, diselaiming that counsel
had charged extravaganza or fraud upon the ex-
eSutse OF egslanye branch el sne .s., ne
the Governors motives. lie then stated that the
loan of "a 000, 900 10 be created would nfiict the
payment Of an interest of $50 ,JO per annum,
at the rate of Z per cent. on the people of this
District. lie claimed that it was a much better
plan to raise S2S9 200 by direct taxation to meet
the expense Of Improvement; These men who
have sned out this bin have done more for the
Improvement of this city than any other similar
number of men i'm this city. Why, then, send
out $3.50 600 from among our people TO pay set
of foreign bondholdeTs.
DEBT is A MILL STONE
which drags down the government as well as the
individual. What Is the government of the Dis
trtct of Columbia ? He then read from the
organic act, showing that the old corporations
are formed into body corporate FOR Iaunici- al
purposes solely, and not Inconsistent witsn the
Constitution of the United States. There is
nothing in the organic act which givc,s the RIGHT
TO enlarge the powers especially laid down in
that act. 1t is well settled principle that grants
of powers TO any corporations are not TO be i'm
piled, but are clearly defined in such grants no
powers can be claimed beyond those expressed
In the charters. A doubtful charter does not
exist and unless you can find upon the organic
act words which expressly gives our Legislative
Assembly the right to do what they have done in
passing this act, you cannot show any authority
which they legally possess to legislate this loan.
He claimed that
THE JUDICIARY OF THIS DISTRICT
is in no respect whatever amenable to the Dis
trict Legislature, but to Congress alone, and the
organic act in no manner gives the Legislature
any power to interfere with the courts. The Of
fceIs of a territorial government are
NOT OFFICERS OF THE UNITED STATES.
in constitutional sense, as the gentlemen on
the other side claim, and the powers of this court
are derived from the Congress of the United
States, and it alone, and not from any State or
Territorial grant. The objection that the Dis
trict is not party to this bill is most frivolous
a. the Governor is the State itself, in a repre-
sentative capacity, and is cited as a representa-
tive of the District government, and has ans
The organic act provides for an annual APP
propriation for the expenses of Improvements to
be made, and not for a great loan by means of
this Improvement bill passed by the Legislative
Assembly, and which was illegal by the terms
expressed in its title, which title Is not an index
to the contents of the bill. This defect of the
bin renders it null and void of itself. The body
Of this improvement act contains three separate
and distinct provisions, two of which are not ex-
pressed in the title.
THE EMERGENCY CLAUSE
appended to this act was a mere farce, no emer-
gency existing for such act. The brokers of New
y York were cogniZant of the acts of this Legis-
lative Assembly long in advance of the people
of this District, as they held $685. bonds be-
fore the people were made aware of the passage
OF the bill authorizing the loan. As to the Ques-
ton OF the sessions of this Legislature being
continuous for one hundred days, there can be
no doubt of it, As to the powers of the Board
OF Public Works i'll making contracts, the Legis-
lature Is to make special appropriations for the
payment of these contracts
The Board of Public Works here bring in q
bill for a general system of improvements, fixing
upon the sum of $4,000 900 to carry them out, by
drawing money from the treasury. What money
can be drawn from the treasury without legisa-
tive enactment, and for specific purposes men,
toned in such legislation? But to place large
amount OF public money in the hands of O few
men TO make use OF as they see fit, is most I'M
heard of thing in this country. But the question
Is whether this Improvement bill is in accord
ance with the organic act. Whenever YOU are
borrowing more money than the per cent.
on the taxable property, you are exceeding your
authority if you do not submit the question to a
popular vote by the people. Here an appropri-
alton OF S4,O0O,c0 is made, without any steps
being taken to raise this amount by taxation.