Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-05-08
The Government of the District


House yesterday:
BE IL enacted, &c. That all that portion of
the territory oil the United States which was
ceded by the state Of Maryland for the per
continue To be designated as the District of
Columbia. Said District, and property and
persons that may be therein, shall be subject
TO the following provisions as and for the gov
efnment OF the same, and also TO any existing
laws applicable thereto not hereby repealed or
inconsistent with the provisions of this act
See: z. That on the third Monday i'm the
month Of June. in the year 1875 there shall
be elected OF appointed, i'm the manner here.
matter directed, three persons, to be Comms-
SiOnerS of the District of Columbia who shall
exercise all the powers and authority now
vested i'm the Commissioners of said District
except as hereinafter limited shall be subiec
to all the restrictions and limitations which
are now imposed upon said Commissioners.
one OF The said commissioners shall be an Off
Ger OF the Engineer Corps OF the Army, whose
llneal rank shall be above that of captain and
shall be detailed by the President for the term
OF three years, unless such detail be sooner
revoked, and until his successor shall be
appointed and qualified: PrOCided, That the
oi1lcer 50 detailed shall not be assigned 10 auy
other duty, and that he shall receive no fur
ther compensation than his regular pay as an
Uhlcer OF the army. The second of the said
Commissioners shall be elected by the House
OF Representatives, by ballot, for the term of
three years, and until his successor shall be
elected and qualified: and the third of the
SAID commissioners shall be elected by the
Senate, 10y ballot, for the term of three wears
and until his successor Is elected and qualified:
and at the end OF the several terms Of each of
the commissioners their successors shall be
elected OF appointed in the same manner for
theterm OF three wears, respectively, and until
their successors are elected or appointed and
qualified; the said election or appointment To
be made Oh the third Monday. i'm the month of
February. in which the term of such Commits
sloners shall expire: ProUided. That at the
first election of Commissioners by the Senate
and House OF Representatives, as above pro
Vlded. the terms of said Commissioners SO
elected shall expire one, one year from the
date OF said election, and the other two years
from the date of said election, the same TO be
determinedby lot. Their successors shall be
elected III the manner and for the term above
prescribed. The two persons elected as Com
mlSSlonerS by the House of Representatives
and the Senate shall, at the time of their cleo
tlon, be citizens of the Emitted States, and shall
nave been actual residents of the District of
Columbia for five years previous to their elec-
ton, and who have, during that period,
claimed no residence elsewhere; and il the
place OF any Commissioner shall be-
come vacant from any cause, OF he shall
neglect for twenty days to take the oath of
office if he be elected by the Senate or House
of Rep-e Sentatives, his place shall be filled
forlhWt h, for the balance of his term, in the
same manner as the person whose place is to
be filled was elected or appointed, but if the
person whose place SO becomes vacant shall
have been elected by the Senate or House of
Representatives, aud such vacancy shall occur
vacancy shall be filled by the appointment of
the President, until the Senate or House of
Representatives, as the case may be, shall
elect a person TO fill the said Office for the
balance of the term thereof. One of the said
Commissioners shall be chosen president of
the Board of Commissioners at the first meet
ing thereof, and annually thereafter.
SEC. 3. That the said commissioners of the
District of Columbia shall be, and they are
hereby. constituted body corporate by the
name of The. Commissioners of the District
OF Columbia" and by that name shall have
perpetual succession, and be capable in law to
sue and be sued in any court whatsoever, and
may have and use common seal, which may
be altered at pleasure may acquire, rent, and
hold property for corporate and municipal
purposes only; may contract and be contract
ed with lin all cases authorized by law; and
may, in appropriate ways. in court and else
where, consistent with this act, assert, de-
fend, and maintain its rights and interests 10
the same extent that it would be lawful il the
said Commissioners of the District OF COlum-
bla were municipality.
Sec. T. That such Commissioners so elected
as aforesaid by the Senate and House of Rep
resentatives. shall each of them, before enter
ing upon the discharge OF his duties, take an
of the United States, and TO faithfully dis
charge the duties imposed upon HIM by law,
and shall each give bond, with good and
sufficient SuretieS TO the United States, i'm the
penal sum of $4,000, to be approved by the
Secretary of the Treasury, for the faithful
discharge of the duties of his office, upon
which suit may be brought by any person
aggrieyed, and shall each receive for his SER
vices compensation at the rate of 5000 per
annum.
Sec. 5. That as soon as the Commissioners
appointed as aforesaid shall have AIKEN and
subscribed the oath or affirmation hereinbefore
described, and the two selected as aforesaid
shall have given bond as aforesaid, all the
powers, rights, and privileges lawfully eXer-
ciSed by, and all property, estate, and effects
now vested by law i'll and exercised by the
Commissioners appointed under the provisions
of the act of Congress approved June %, 1874,
shall be transferred to, and be vested in, said
Commissioners; and the functions of the Com
miSSionerS SO appointed under the act of June
20, 1874, shall cease and determine; and the
Commissioners of the District of Columbia
shall have power, subject to limitations
herein provided, to apply the taxes or other
revenues OF said District to the payment of the
current expenses thereof, to the support of the
public schools, the fire department, and the
police, and for that purpose shall take posses
sion and supervision of all the offices, books,
papers, records, moneys, credits, securities,
assets, and accounts belonging or appertain-
ing to the business or interests of the govern
ment of the District OF Columbia, and exercise
the power and authority aforesaid: but said
Commissioners, in the exercise of such power
and authority, shall make no contract, nor in
cur any obligation other than such contracts
and Obligations as are hereinafter provided
for and shall be approved by Congress. All
taxes heretofore lawfully assessed and due, or
TO become due, shall be collected, pursuant to
but said Commissioners shall have no
power to anticipate taxes by a sale
or hypOthecation of any such taxes or
evidence thereof, but they may borrow,
in anticipation of collection of revenue,
not to exceed in any one year $4,000, at rate
of interest not exceeding 8 per centum per
annum and said Commissioners are hereby
authorized to abolish any office, to consolidate
two or more offices, reduce the number of en-
plOyeS, remove from office, and make appoint
mentS to any Office under them authorized by
law, subject to such limitations as are herein
after provided: Prorided, That nothing In this
act contained shall be construed to abate i'm
favor of or against the District of Columbia or
the Commissioners thereof, or affect any rights
or cause OF action existing in favor of any cit
iZen of the District of Columbia or any other
person, but the same may be commenced or
prosecuted to final judgment, and the corpora
if the suit had been originally commenced for
or against the said corporation, and all final
INDICTMENTS recovered against said District shall
be paid by warrant of the Commissioners, or a
majority of them, on the Treasury.
See. 6. There shall be a council, consisting of
twenty-fOur members, with duties and powers
as hereinafter provided.
No person shall be eligible as a member of
said council who is not at the time of his cleo
ton a citizen OF the United States and who
has not been permanent resident of the Dis
trict for five years previous to such election,
without claim Of residence elsewhere during
that time, and who is not resident of the cleo
ton precinct from which he is chosen.
NO person holding. any office under the
United States or District of Columbia, or who
shall be interested, either directly or indirectly,
In any contract with the District OF Columbia
or with the United States for any work to be
done within the District of Columbia, shall be
litril, 10 ,Ior nf