Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-11


fEIation could be made the Legislative Assembly was
session that tn Board 81 Pebble Works are author
iLed 20 make contracts according to plan the de-
Board Of Public works are L dish arse the money oo
Their owl warrants and to draw it out of the
uTy-alI OI which, II Is argued, in violation Of
the organic act 1t is unne ;essary consider the
force Of these 2bections for, assuming them to be
that law so buriened with infractiOns womb be SO
utterly void that no rights could be acquired undrr
u Ii would carry on its face notice Of its invalidi-
y, aud, therefore, the equitable relief prayed
so1a not DC g19hseS on the ground that the
1ld thereby me tax payers conn., elled 70 pay them
pursuance Of act void on its face, and the tax
payers could not be preye from cOntesting their
illegal aud void in the hands Of any one who may
purchase them, matter whether they be purchased
illegally Of a tax law will not justify the inierpJsi-
tiOn OF court of equity, however much it may have
the point growing out of the decisions in Osborne
vs.. U: s; Bank, Wheaton, I4o, and Dodge Wool
pr, me Court OF the United States the receSt case
mere statement Of these SbeetoSs Gusts the 'n nr.
diction which We are invoked to exercise.
apparent upon It's face is that the four millions
of Indebtedness which il authorizes would swell the
nients without submitting the law 10 a vote Of the
people. majority If the court Of opinion that
Pu IN The Of the ne R0 10 1e
end as concur in the views expressed b. the Chief
fran from fts further discussion " WV viii to
this court has jurisdiction of com plainsnts bill IL
Is question OF singular importance; for 1t requires
shed by the OF Congress in the District of Co.
lnDbia. IL does not belong to our position or aa-
exist here. That has been pIished By the Con
eress which Is the only competent power to de. ig
and what they have ordained is as conclusive nnon
the judicial department as on the private citizen L
the organic Law bearing on this subject; and as ths
question is one Of the greatest interest and as diff
below-for whose pronounced opinions 1 entertain
the profoundest re,peet-it is proper should
Ii is asserted on behalf of compIanants that only
pSled was cFe , 6y tha1 act in the re
applied to city organizations and that, therefore,
the court may, as It has often done, enJ9in its OF
case Of persons. The u cory contended for on be-
hS r u, s Una. ane orgsnic law enacted
territory embraced within this District, aud con-
the sphere of lis delegated powers. There can be no
doubt that the act was formed after the model OF the
TO them in its general provisions The Slightest in
spection will show not only similarity in the Kind
OF powers conferred, but in the terms and phrase
Ology employed by Congress to convey their inteu-
ton. 1t is rule in constituting statutes to compare
upon the same similar subjects ia order to ascer
tain its meaning; and it is to be inferred that all
governed by the same policy and have the SAM
scope and design.-Potter Dswarrs, Iss and note g.
III We md in the statutes respecting the territorial
governments the same terms and powers in that
oftssnlzing yerpment :. for all that part of
the District Of Columbia il follows as a legal and
hs dh % OF
appelees contend that the FIRST section Of the or
Sicipa cOTpoI alton for municipal Purposes ia @ e4
press terms. There is no doubt In my own mind but
that he subsequent sections of the salute provide
for distinct and separate government according 20
the American idea Of that term, subject Of course
tied cohtrOl and discretion of Congress. Now if
there Is anything inconsistent in the irst section
with all that follows II ~ the duty IF the court to
consider all the paris Of the act in order to render it
barmoEious, if that be possible. Says Mr.. Dsw-
arms At page lo9 80 Ii Is the most genuine expo
siiion Of statute to csnstrue part by another
Obscure or doubtful, the proper wsy 10 scare be
intent to the parts of the act for the
iy lead TO the sense Of another and in the con.rn
ton OF one part OF statute every other part ought
familiar rule OF construction think can come to
clear apprehension Of the terms used by Congress
TO EXPIRE their meaning and at the same time give
as we are bound to sve effect to every part of the
act There Can be no doubt respecting the sense
cipa corporation which have seen is used i'm the
nrst section. 1t commonly means incor poration
conduct its local affairs such the election Of local
officers, to carry out sanitary and police regulations
pair Such the old 9EareTs Of he ss. ref Of
Masn an and GEORGETOWN There appears to BE
to the new government by the organic law. 1t has
Board 81 Public wcrEs Se in o2drr 81 9ba Health sh
..municpa pur poses might be fully carried ont
ether body IN whom au,hOrit, could exist to pe no
form these services. Hence there a necessity
powers of municipal corporation, a nd that II
should be able 10 contract, and to sue AMI be sued
of powers contained in the body OF the sta,u;e Great
ing political government analogous those in the
tails and even its ind that to establish
sgoyernmen M must have been the meluing Of Con
ment for the District of Columbia" and upon the
thai part OF The territory OF the United States nclud
ed within the limits Of the District of Columbia be-
by the name &C The other forty sections of ihn az,
are consistent with meaning but che Organization
situations Of the states or the acts organizinq tbe
territories for the three ord ate brsnc hes-eSec
united, constitute with Us the highest dea and most
perfect form of government. The nj section de.
and over the District of Columbia shall be vested in
for Shee ShG nd 1 sF s@ 1ra a and Tespes
Section fve provides that the legislative power and
in legislative assembly. as Hereinafter provides
and the 18th section supplements this delegation OF
subjects Of legslstion.. The grant is in express
terms and a. clear a. is TO be found in any state
the language in which Congress expresses its mean
ing; That grant Of legislative power was intend
it is always conveyed, but this concusion derives
confirmation from the limitations hch are i'm p3sei
npon IT'S exercise. Several Of these illustrations af
ford the highest evidence OF this intent Vino but
the executive OF such government could grant
pardons and respifes To those convicted of crimes
against the law: The 18th section declares that tine
legislative power granted To the new government
81 al be sub ect 10 all the restrictions aud Limitations
imposed upon States by the 10th section of The Isl
article OF the Constitution Of the United Stste-
which provides that no state shall enter into any
treaty alliance. confederation. nor grant letter
o. nsrque and reprisal, nor pass bills of attainder
These are constitutional prohibitions that il would
De prepOsterous to apply to a city organization
Ibey are appropriate only to States or governments
similar 10 them. On looking into the 2Oth section
We hnd that the Legislative Assembly shall N
have power 10 pass posi- JarfO law or faw i'm
pairing The obligation OF contrasts, and the pr,-
cedlng nth section declares that n shall not pa. sn
cisl laws m the cases therein mentioned and ali of
which are similar 70 the cores bonding safeguards
interviewer IN The text of the State and Territorial
constitutions; but they would be solccisnls in the
Charters Incorporating our towns and cit eS The
same CONVICTION IL produced by the special grants
contained IN other parts OF the 1t must be sd-
mlt'Td that public and private p0ratiDns. such as
the Legislative. Assembly authorized to create
anu TN right To modify the practice Of, and to vest
extending 10 new subjects affecting persons AMI
IatiN power. These are among the conferred pow.
WIN governor, secretary. and delegate in nm.
impossible Tor me to draw any conclusion from snrb
numerous i'm mstions of the meaning Of Congrass
thai those III FAVOR Of the creation Of new govern
meDt. ~" e''O'"
Congress thought it appropriate TO adont ,bs
rief VIII q,