National Republican., 1873-06-03
THE sUrpLEmKsrAI LOAN nrLL.
opinion Of WIN. A. Cesk-The Power o
tho I.eafslafure.

opinion Of WIN. A. Cesk-The Power Of
the Lesisiaiure.
Tho following Is the opinion Of Mr.. William
A. Cook, attorney for the district, upon the
legality Of the supplemental loan bill, which
ID printed for the irst time. Il IL expected
that final action will be had on the bill In the
House OF Delegates this afternoon;
ArrOsSrr'' oTSiSs; ss,gs pIsrs,9I oy &c ScEussr q i
Esn. Ksah.. Ts'nbk,
srR In reply to your inquiry Of the solb
instant, have the honor TO say that the irst
section Of the act OF the Legislature Of July
10, 1871, appropriated tho full sum Of four
millions for special improvements In the Dis
trict, and the fourth section provided "that
the aforesaid four millions OF dollars should
be actually paid ont Of the general Improve
meut fund" By the ifth and sixth sections
bonds were authorized TO be issued for the
purpose Of procuring this sum, and tho sixth
section contained the following proylso ;
THAT no greater quantity Of said bonds
shall be signed or prepared for Issue than Ia
required for the purpose OF this act" There
can be no doubt that II was the intention Of
the Legislature that the entire sum Of four
millions should pass into the hands Of the
Board Of Public Works, TO be used In making
improvements, and II Il certain contracts
were made In reference 10 this construction
Of the act. II seems, too, from Its terms, that
Il was supposed at the tlmo Of lts passage
that the bonds would be sold either at par or
for more than their face.
Il, however, now appears that this could
| not be done, probably In consequence OF the
persistent and emblttered efforts 10 depreciate
them, and that less than four millions OF dol
lars was rcali,ed from negotiating a sale;
hence Z !. pJoposed 70 supply The deae,eney
by authorizing theissuingof additional bonds,
originally contemplated, may be expended
In Improvements. May the Legislature dc
this u think Il may. The power OF legisla-
ton possessed by tho Council and House Of
Delegates extends 10 tall rightful subjects,
not Inconsistent with the Consultation Of ths
United States and special provisions Of th,
the present form Of government In the Dis
trict.
Tho powers thus possessed by the Legisla
| tive Assembly arc very extenslyc-almost un
limited. Il Is true that its legislation is sub
ject 10 modification or repeal by Congress;
but this In no respect Affects the primar,
right created or established by Congress-
Acting within the designated limitation, IL 4
unquestlonably the province Of the Legisla
ture, with the consent Of the Governor, q
determine whether any measure Is expedi
ent or inexpcdlent, proper or Improper. No
even the courts will Interfere with tho legis
tive discretion. On this point the late Chile
Justice Of the Supreme Court Of the Unitet
States uttered, In 1895, this clear and EN-
phatlc language; 'Thls court can know
nothing OF public policy, except from th'
constitution and the laws and the course o
administration and decision. v has no legis
latlye powers. II cannot amend or modlf.
any Legislative acts. II cannot examin
questions as erpedicnt or inexpedient a
polite or impolltlc. Considerations Of tha
sort must, In general, be addressed :
the Legislature. Questions OF policy deter
mined there are concluded here"
Considered. therefore, In any aspect u
competent fur the Legislature 70 authoriz
the proposed additional bonds to be issued
hope that this response to your inquire
will bo satisfactory. II I have failed 10 r,
ply 10 any point suggested by you please le
me know, and / Will furnish q promp
answer.
Very respectfully,
WILLIAM A. Cook,
Attorney for District Of Columbia.