Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-02

Lass SopAtoA etreets II was inc rekuihr
monthly meeting Of the association and IL
opened with discussion as to the correctness
OF the minutes, concluding finally in . slight
alteration Of the same.
No committees submitted reports until the
committee to draft proposed legislation was
called Mr.. s. c. Clarke represented this COM
mittee and gave notice that he was prepared to
submit a report on the resolution referred 70
his committee some time ago relative TO the
bill before the last Congress (which did not be-
come q law giving the District Commissioners
power to legisiate concerning steam railroads
the same to have equal force As though enacted
by Congress
There being no objection. the chair requested
Mr. Clarke to read the report, which contained
the following recommendations:
NO LEGISLATIVE AUTHORITY ADVISED.
That from mature and settled convictions of
its incompatibility with republican govern
ment this association is iniexibly opposed to
the exercise of Legislative powers by executive
officers, and especially SO when the officers are
non-elective and legisate in secret without pub
lie deliberation or notice. We are therefore
entirely opposed to comforting powers of
legislation on our District Commissioners ito
have the same force and effect as IL enacted by
Congress"
As by common consent among all men every-
where who cherish love for liberty and free
tive functions in the same authority has been
considered periious and inadmissible.
We believe that the exercise OF Legislative
authority by our District Commissioners is re-
pugnant to the sentiments and the traditions of
our people, incompatible with the cardinal prin-
ciples of republican institutions and dangerous
to civil liberty. This scheme of comforting on
our District Commissioners legislative au-
thority, TO have the same force and effect as il
enacted by Congress, actually gives to three
nj la0t and Ia
secret, more power as legislators than is vested
in both branches OF Congress. acting openly
and separately and only by concurrence with
each other; as their acts combined TO be effect
usl must also have the approval and signature
Of the President
TESTIMONY TO SUPPORT THEIR VIEW.
On the 2Sd of May, 1776. the freeholders and
other inhabitants of the town Of Boston assem-
bled in public town meeting, duly warned, for
the choice of twelve representatives for that
colony, at which II was unanimously voted:
That if the honorable Continental Congress
should for the safety Of the colonies declare
them independent of the kingdom of Great
Britain they, the inhabitants. will solemnly en-
gage with their lives and fortunes to support
them in the measure" And five Of their wisest
and most useful men were chosen Ito consider
what further instructions may be necessary for
the representatives that may be chosen"
One week later. May 80, 1776, said town
meeting reassembled according to adjournment
and the said committee reported instructions
to the representatives of the town of Boston,
commencing as follows:
"'Gentlemen: At a time when in all proba-
billy the whole united colonies of America are
upon the verge of a glorious revolution, and
when, consequently, the most important ques-
lions that ever were agitated by the REPRESENTA-
tive body Of this colony touching its internal
policy will demand your attention, your con-
stltuents think 1T necessary to instruct you in
several matters what part to act. that the path
OF your duty may be plain before you"
Following are the carefully prepared items
of instructions, which were unanimously
adopted, and prominently among which is the
following, to wit:
1t is essential to liberty that the legiela-
tive, judicial and executive powers Of govern
ment be nearly as possible independent of
and separate from each other, for when they
are united in the same persons there will be
wanting that natural check which is the prin-
cipal security against the enactment of arbitrary
laws and wanton exercise Of power in the ex-
ecution of them
More recently Justice Story in his commenta-
ries says: The ingredients which constitute
safety in republican form are a due de-
pendence on the people and due RESPONSE
bility to the people. By a union of the execu-
tive and Legislative authority in the same per-
soma with q division of responsibilities, there
would be an end to liberty"
And still more recently" the late lamented
Justice Miller said, "a great principle living at
the foundation Of all free governments is that
the legislative and executive departments shall
be kept separate
"We believe there is no one sentiment or
principle in which republicans everywhere are
more uniformly and steadfastly agreed. 1t has
not even been considered safe TO trust the en-
sctment Of laws for the people to a single
branch of legislators even when elected by the
people and acting openly under public obser-
Walton"
IN FAVOR OF CAPTs. RossELL AND LusK.
Under the head of new business the report
Of the committee to draft proposed Legislation.
upon the resolution Of Mr.. NJ. l. Miller con-
corning the retention of Capts. Rossell and
Lusk and that their compensation be increased
to an amount commensurate with their services,
came up. 1t will be remembered that this re-
port was submitted at the last meeting of the
association and was laid upon the table until
the meeting last night. The report, it will be
recalled, was against the resolution. When the
matter came up last night Mr.. NJ. L Miller was
ready with a substitute, which he submitted,
and asked for its immediate consideration.
The resolution recited that ''as it is rumored
that the District of Columbia is about to lose
the efficient services of the assistant engineer
commissioners, Capts VIM. I. Rossell and James
L. Lusk, and whereas these gentlemen by their
faithful personal attention, vigilant expert su-
pervision and best technical pplication of mod
ern engineering have continuously protected
and advanced the material interests Of the Dis
trict, the East Washington Citizens Association
would consider the severance of their present
official relations by Capts. Vim. T. Rossell and
James L. Lusk as positive injury to the well
fare of the District OF Columbia"
copy Of these resolutions was ordered to
be forwarded to Col. Henry NJ. Robert, En-
gineer Commissioner.
He called attention to the fact that the above
did not contain the Objectionable features
pointed out in the former resolution.
PASSED AFTER SOME OPPOSITION.
The immediate consideration of the resolu-
ton was objected to upon the grounds that il
was not in accordance with the rules Of the as
ISOLATION and should be referred to the proper
committee.
Mr.. j. w. Brown made q motion to waive the
rules SO as to obviate the difficulty, bat Mr. 8.
c. Clarke objected, holding that the resolution
was OF too great importance to rush through
the association without careful consideration.
He was opposed to the resolution and read q
statement tending to show that the officers the
resolution sought to retain and express conf
dence in had managed affairs badly for the
eastern section of the city during the past
three years. Numerous points of order were
raised, but Mr.. Clarke was allowed to finish his
remarks- Then the question to suspend the
rules was called up and was passed. as was Mr..
Weller resolution. MIR. Clarke fought il hard
however, and asked for an aye and nay VOTE
as he would like to obtain the names Of the
members who voted in support of the resolu-
ton Mr.. Wines put q damper upon the pug-