Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-02-24
CITY COUNCIL.
OFFICIAL PROCEE DINGS
BOARD OF ALDERMEN.

FGle1 from laXaL'On also peLLlon VI suHuFJ
citizens for a lamp post cor. Queen and Patrick
Sire cts; also communication from +. Rosen
thai in regard to Rumney's Wharf; also u COM
municstion from the Corporation Attorney in
regard to Hand Engine Companies; also a reso-
luton nstructing the Superintendent OF Police
to make an oyster shell walk from Wolfe street
to Shipyard; also resolution to pay VIM. Lo-
gan $3.50, for shells put on Columbus street,
were received from the Common Council and
their action CONQUERED in.
The Common Council returned the resolution
in regard to appointment of F. l.. Smith, jr., re
ferring the same to the Finance Committee,
which was agreed to.
The Board then adjourned. Teste:
JNO. j. JAMESON, Clerk.
COMMON COUNCIL.
At regular semi. monthly meeting of the
Common Council, he'd February q, 1876, there
were present: George K. Shnn, esq, President,
and Messrs. Wood, Eichburg, Mckenzie Brod-
ers, Rsheill, Fowle, Beach, Lucas, Harris and
Mitchell
Mr.. Eichberg, from the Committee on FL
nance, reported in favor of reducing the ASSESS
ment of the property of Mary AIN Downcy
from So 900 to s. 0OJ for the years 1873 and 1874
and the report was adopted.
Mr.. Eichberg from the same committee, re-
the property of Jane Eliza Whaley, and the re-
port Was adopted.
MIR. Ech berg, from the same committee, re-
ported in favor Of reducing the assessment OF the
property of Martha Riordan, from 5000 to
S., sou for the year 1874, and tue report Was
adopted.
ported in favor of grating the petition OF Geo.
E. Fogg, for relief from the annoyance Of tax
collectors and the report was adopted
A communication from E. Rosenthal with
reference to Rumneys wharf and proposing to
rent the warehouse and lot there for $3.50 per
annum, WAS referred to the Committee ON Pub
lie Property
a petition from Charles Mankin, }. r. Lamb.
din, and sundry other citizens for astrect ampat
the intersection of Queen aud Patrick streets,
was referred to the Committee on Light.
A resolution directing the Superintendent of
Police to sci curb stones and pave the cutters on
the west side of st. Asaph street between Queen
and Pendeeton streets adopted by the Board Of
Aldermen was received from the Board and
laid on the table.
A resolution providing for the employment of
+. l.. Smith, jr., rs counsel TO defend the city,
in the case OF Swain VS.. the Hydrsulion Steam
Fire Engine Company, in the Court of Appeals
of Virginia, the fee not to exceed slo), adopted
by the BOARD Of Aldermen. was received from
that Board, motion to concur lost by the fol-
IL wing voet: Ayes, Messrs. Fowle, Beach,
Harris, Lucas, and Mitchell-5 noes, Messrs.
Wood, Eichberg, Mckenzie, Broders, Risheill
and Mr.. President-6 and then referred to the
Finance Committee.
The following was received from the Corpo-
TO tie Honorable City Council Of Aleramdria,
Virginia:
| return herewith resolution of the City
Council calling upon the Corporation Attorney
for his opinion as to what Legislation is ncces-
ssry to abolish the Hand Fire Engine Com
panies now in the CITY," submit the following
as my ans wer to this res luton Unquestior ably,
the Charter land to that we must look) does not
expressly give to the City Council power to
abolish these companies there is nothiag from
which such power can be implied. and the power
to xbolish them is not essential to the objects for
which the city of Alexandria Was Incorporated,
so long rs the power to pass rules for the govern
ment of these companies renalns in the City
Council. The Friendship and Sun companies
are incorporated by the same power that incor-
porated the City Of Alexandria, and are Of equal
legal dignity with it. 1t is questiona bic whether
the Legislature could repeal these charters had
it not reserved to itself power so to do; but it
has reserved this to ITSELF and to itself alone and
this must be considered Us being to the exclusion
Of any other power to declare the companies
dissolved and their charters repealed. | am,
therefore, of opinion, that the City Council eau
not abolish or dissolve these companies. and that
no legislation by it would be ell ctua so to do.
End. Has then the Fire Department Of the city
power to dissolve these companies? | AIN Of
opinion that it has not. Conceeding (for this
purpose) that the Legislature might constitu
tionally invest it with power thus virtually to
repeal a charter, by mode so entirely parte
as is that prescribed by section 10 OF chapter %
of the Code, l do not think this section applies
TO companies created by act of the Legislature
but solely to those companies organized accord
ing to the mode laid down in that chapter
namely: by writing flied in the proper Court,
&c. AS to such companies, summary proceed.
ings to dissolve them are cmlnently proper,
when they have ceased TO be effective. But when
the Legislature has intererred to incorporate
these companies ; to grant them the privilege OF
acquiring vested rights, of purchasing and hold.
If real estate, and Of acquiring large capital
stock the power to declare the companies dis
solved their charters repealed, must be held to
remain in the Legislature unless granted to
another body in terms too plain to admit OF
doubt And such is not the case here The word,
subject TO repeal, alteration, or amendment at
the pleasure Of the General Assembly," excludes
any suck idea. The very object of obtaining
these charters was to place them upon q hrmer
basis than companies organized under the Code.
But in view of my opinion 1t will not, ! hope,
be without the scope of the resolution, if sus-
gest remedy: An application by the City
Council and Fire Department, or either, to the
Legislature for repeal or modification of these
charters, would, undoubtedly, be acted upon.
nd if it Is the desire of the City Council to
abolish these companies, suggest this course as
the speediest, most appropriate, and most prac
ticable Respectfully submitted,
CHARLET Z. STUART,
Corporation Attorney.
ALEXANDRA, Va, Feb. %, 1875
UT. Mckenzie introduced an order which
was adopted directing the Auditor to issue his
warrant in favor OF VIM. Logan for $3.50 for
$50 bushels of oyster shells for Columbus
treet.
Mr. Brodcrs introduced resolution which
v As ado tied, ins.ruc.lng the Superintendent OF
Police to make shell footway on Union street,
rom Woolf street 10 the ship yard.