Book 1— ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA BY WILLIAM TINDALL WASHINGTON GOVERNMENT PRINTING OFFICE 1907 ^ ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA BY WILLIAM TINDALL WASHINGTON GOVERNMENT PRINTING OFFICE 1907 f^ ^' T,-7- C^ MAR j 4 1907 D. Uf 0. PEEFAOE. The distinctive object of this compilation is to present in chrono- logical order the essential features of the principal legislative and official measures affecting the origin, establishment, and local govern- ment of the permanent seat of government of the United States, but a number of historical facts of general interest and not strictly within that category have been included. It is arranged in two parts, the first of which embraces the period prior to the creation of the present form of government for the Dis- trict; the other pertains to the form of government now in vogue. Several of the statutes mentioned in the pamphlet are appended, but most of them are only cited by the number and page of the statute at large in which they are respectively published. The page references, which frequently occur in this work, relate to the folios in the appendices: L. A. to Legislative Assembly laws, and W. D. to Webb's Digest of the laws of the city of Washington. William Tindall. ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA. The District of Columbia is the permanent seat of the Government of the United States of America. LOCATION AND TOPOGRAPHY. It is situated on the left or eastern bank of the Potomac River, 106 miles from its entrance into Chesapeake Bay and about 185 miles, via that river and ba3% from the Atlantic Ocean. The center of the District, as originally established, was in longitude 77'^ 02' 27.716" west of Greenwich; in north latitude 38° 53' 31.915", and in the vicinity of Seventeenth and C streets NW., in square south of square No. 173, in the city of Washington; but, as a consequence of the retrocession to Virginia of the portion of the District derived from that State, the original center point is now nearly on the south- western border, although it is still approximate!}" midway betw^een the eastern and western extremes. It is 1,305 feet north and 1,579 feet west of the Washington Monument. The District consists topographically of an urban section, named "the city of Washington," and of a suburban and agricultural section, which contains a number of unincorporated villages. It embraces an area of 69.215 square miles, 60.01 square miles of which are land. Its surface is generally irregular and undulating, rising from the level of mean low tide in the contiguous Potomac River to an deviation of 120 feet at the highest point, which is about a half mile southeastwardly from the middle of its northwestern boundary. The main branch of the Potomac River forms the southwestern boundary. It is joined from the east, about 3 miles north of the southern apex of the District, by the Anacostia River, or Eastern Branch, which flows through the District in a southwesterly course to that point. The navigation of the Potomac for vessels of commerce practically terminates at the Aqueduct Bridge, about 3 miles from its junction wuth the Anacostia; the like navigation of the Anacostia stops at the Navy-Yard Bridge, about 2 miles above its junction with the Potomac. s 6 GOVERNMENT OF THE DISTRICT OF COLUMBIA. AUTHORITY FOR ITS KSTABLISHMENT. The District of Columbia was established as the seat of g-overnment of the United States by proceedings taken under authority and direc- tion of the acts of Congress approved July 16, 1790, entitled "An act for establishing the temporary and permanent seat of the Government of the United States" (1 Stats., 130) (pp. 72, 75, and 81), and the act of March 3, 1791, entitled "An act to amend 'An act for establishing the temporary and permanent seat of the Government of the United States'" (1 Stats., 211) (p. 81). Those acts were passed pursuant to the following provision contained in the eighth section of the first article of the Constitution of the United States, enumerating the powers of Congress, viz: To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding 10 miles square) as may, by cession of particular States, and the accept- ance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. An abstract of the Congressional proceedings prior to the passage of said acts, on the subject of locating the seat of government, is contained in Appendix 1 (p. 30). The right to exercise exclusive authority at the seat of government was conferred upon Congress to enable it to provide for the conven- ience and protection of the several agencies of government there in a manner compatible with the needs and dignity of the nation. Among the considerations which led to the investiture of Congress with such absolute jurisdiction were the facts that in June, 1783, the Continental Congress removed from Philadelphia in consequence of a hostile demon- station which was made toward it by a body of soldiers of the Revo- lutionary Army, impatient at the long neglect to pay them for their services, and the admission of the authorities of that city and of the State of Pennsylvania that they were unable to protect it from the threatened intimidation (p. 31). With reference to this grant of exclusive legislation, Mr. Harper, on December 31, 1800, made the following statement in Congress in reply to an observation that it was not necessary for Congress to legislate for the government of the District of Columbia, as the people of the District had lived happily for one hundred years under their respective State governments: But the provision of the Constitution on this subject had not been made with this view. It was made to bestow dignity and independence on the Government of the Union. It was to protect it from such outrages as had occurred when it was differ- ently situated, when it was without competent legislative, executive, and judicial power to insure to itself respect. While the Government was under the guardian- ship of State laws, those laws might be inadequate to its protertio-.i, or there Tnio-ht GOVERNMENT OF THE DISTRICT OF COLUMBIA. 7 exist a spirit hostile to the General Government, or, at any rate, indisposed to give it proper protection. This was one reason, among others, for the provisions of the Constitution confirmed and carried into effect by the acts of Maryland and Virginia and by the act of Congress (p. 76) . See Mr. Madison's views on same subject (p. 140). SITES FIRST SELECTED. The Congress of the Confederation resolved on October 7, 1783, "that buildings for the use of Congress be erected on or near the banks of the Delaware or of the Potomac, provided a suitable district can be procured on one of the rivers as aforesaid for a Federal town, and the right of soil and an exclusive or such other jurisdiction as Congress may direct shall be vested in the United States." Also, " that the place on the Delaware for erecting buildings for the use of Congress be near the falls " (p. 39). On the 21st of that month it was resolved ' ' that buildings be like- wise erected for the use of Congress at or near the lower falls of the Potomac or Georgetown " (p. 42). An appropriation of $100,000 was made on December 20, 1734, to erect the necessary buildings (p. 47). On December 23, 1784, Congress ordained that "three commission- ers be appointed with full powers to lay out a district of not less than 2 nor exceeding 3 miles square, on the banks of either side of the Dela- ware, not more than 8 miles above or below the falls thereof, for a Federal town," etc., and on Februaiy 10 and 11 appointed Philip Schuyler, Philemon Dickinson, and Robert Morris as such commis- sioners. Philip Schuyler declined to accept the office, and on March 16 John Brown was appointed in his stead; but the proceedings of Congress do not show that any further action was taken under that ordinance (pp. 47, 48, 49, 50). None of these measures were carried into effect, but the whole sub- ject of providing a seat of government was deferred by a resolution of August 6, 1788, to the consideration of the Congress provided for by the Constitution (p. 55). In September, 1789, the Senate and House passed, on different days, a bill to locate the seat of government at Germantown, Pa. ; but its final consideration on amendments having been deferred until the next session it never became a law (p. 66). SELECTION OF THE PRESENT SITE. The requisite area for the present site of the seat of government was offered to Congress by the States of Maryland and Virginia. The former State, l)y"an act of its general assembly passed December 23, 1788, directed its Representatives in the House of Representatives of the Congress of the United States to cede to the Congress of the United States an}" district in said State not exceeding 10 miles square 8 GOVERNMENT OF THE DISTRICT OF COLUMBIA. which the CJongress might lix upon and accept for the seat of govern- ment (p. 82). The latter State, by an act of its general assembly passed December 3, 1789, ceded a like tract or any lesser quantity of Virginia territory for the same purpose (p. 82). A tract 10 miles square on the banks of the Delaware was also offered by certain citizens of Pennsylvania and New Jersey as a site for the seat of government (p. 64). The general assembly of Maryland, by an act passed Decem])er 19, 1791, formally ratified the cession provided for in its act of December 23, 1788 (p. 96). Maryland also gave $72,000 (p. lOl), and loaned $250,000 more for the erection of public buildings in the District for the use of the Gen- eral Government. Virginia made a grant of $120,000 for the same purpose in case of the acceptance by Congress of the cession of the site offered by it for the seat of government (p. 83). The southern limit of the area of selection for the site of the Dis- trict was placed by the act of March 3, 1791, at Hunting Creek, an estuary of the Potomac Kiver which enters that river from the west immediately below Alexandria, Va. The northern limit was fixed by the act of July 16, 1790, at a small stream named " Connogochegue Creek," which enters the Potomac River from the north, at Williams- port, Md., about 80 miles above the southern limit. In anticipation of the enactment of the statute of March 3, 1791, and to advance the work of locating the boundary lines of the District as far as possible pending its consideration, a tentative l)oundary of the District was laid out by Commissioners Thomas Johnson, David Stu- art, and Daniel Carroll, who were appointed by Pi-esident Washington on January 22, 1791 (p. 81:), pursuant to the act of July 16, 1790, and directed by a Presidential proclamation dated January 24, 1791 (p. 89), to proceed forthwith to make a preliminary surve}^, or, in the President's words, to run "lines of experiment," which were substantially in accord with the lines subsequently adopted as hereinafter mentioned. Mr. Carroll was a Delegate from Maryland, in the House of Repre- sentatives of the United States, when this appointment was first made, and declined to accept it while a member of Congress. Consequently only two Commissioners were on duty until March 4, 1791, when Mr. Carroll's Congressional term expired and he accepted a new commis- sion which the President sent to him. The point of })eginning for the lines of experiment was found by " running from the court-house of Alexandria, in Virginia, due south- west half a mile, and thence a due southeast course, till it shall strike Hunting Creek" (p. 89). The area of selection having been enlarged by the act of March 3, 1791, the site of the District was finally located, partly in Prince George and Montgomery counties, in the State of Maryland, and GOVEENMENT OF THE DISTRICT OF COLUMBIA. V partly in Fairfax County, in the State of Virginia, by proclamation of President George Washington, March 30, 1791, within the following bounds: Beginning at Jones Point, being the upper cape of Hunting Creek, in Virginia, and at an angle in the outset of 45 degrees west of the north, and running in a direct line 10 milcM for the first line; then beginning again at the same Jones Point, and run- ning another direct line at a right angle with the first across the Potomac 10 miles Southwestern side, 10 miles 230.6 feet. Northeastern side, 10 miles 263.1 feet. Southeastern side, 10 miles 70.5 feet. Northwestern side, 10 miles 63 feet. for the second line; then from the terminations of the said first and second lines running two other direct lines of 10 miles each, the one crossing the Eastern Branch aforesaid and the other the Potomac, and meeting each other in a point (p. 90). 10 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The corner stone which indicates the point of beginning in the boundaries of the District was laid at Jones Point, on the Virginia shore, with Masonic ceremonies, April 15, 1791, and now forms part of the foundation of the retaining wall of the terrace or garden around the Jones Point light-house. It is under the gateway, and almost directly south of the center of the light-house, on the north bank of Hunting Creek. A survey of the District, which was commenced in 1881 under the direction of the United States Coast and Geodetic Surve}^, demon- strated that the boundary lines as laid down by the commissioners in 1790 are incorrect. The northern point is 116 feet west of the merid- ian running through the southern corner, and each of the sides exceeds 10 miles in length." (See cut, page 9.) The land boundary of the District of Columbia is marked on the ground by sandstone mileposts 1 foot square and 2 feet high, numbered from 1 to 9, from right to left. They bear on the side facing the Dis trict the legend, "Jurisdiction of the United States," and the number of miles they respectively are from the corner at which the numerical series to which they belong begins. On the opposite side they bear the inscription "Maryland," on the third side the year 1792, and on the fourth side the variations of the compass. TOWNS IN THE DISTRICT AT TIME OF CESSION. At the time the District was esta))lished three towns existed in the portion of it which was ceded from Maryland, namely, Georgetown, Carrollsburg, and Hamburg. The last two, although they were laid out on the records, had no corporeal existence. Carrollsburg was the name of a tract on the northern bank of the Eastern Branch east of Arsenal Point, containing 160 acres, subdivided into 268 lots, under a deed of trust recorded at "Marlborough," Md., November 2, 1770. Hamburg, sometimes called Funkstown, fronted on the Potomac in the neighborhood of Twenty-fourth street west, and contained 120 acres, subdivided into 287 lots, by its owner, Jacob Funk, by a plat also recorded at "Marlborough," Md., October 28, 1771 (p. 113). ACCEPTANCE OF THE SITE. Section 3 of the aforesaid act of July 16, 179<», prcscrilies, among other things, that "the District so defined, limited, and located shall he deemed the District accepted by this act for the permanent seat of the Government of the United States." Section 1 of the same act " An account of this and other .surveys and maps of the District is contained in a ]iaper presented before the National Geographic Society by Marcus Baker, INIarch 23, 1894, and published in Volume VI of the National Geographic Magazine. GOVERNMENT OF THE DrSTRICT OF COLUMBIA. 11 contains a substantially similar provision. Both of those provisions are adopted by the act of March 3, 1791, as applicable to the site located under the enlarged purview of that act. NAMING THE DISTRICT. The first official mention of the district by name is in a letter of the original Commissioners dated September 9, 1791, in which they state: ''We have agreed that the Federal district shall be called the Territory of Columbia," etc. (p. 91). They had no specific authority of law to name it. The first mention of the name "District of Columbia" in an act of Congress is in the tlile^ but not in the bod}^, of "An act authorizing a loan for the use of the city of Washington, in the District of Columbia, and for other purposes therein mentioned," approved May 6, 1796; but a previous statutory use of the name apj^ears in the fourth section of the act of the Maryland legislature, approved in November, 1793, entitled "A further supplement to the act concerning the Territory of Columbia and the city of Washington" (p. 114). The seat of govern- ment is mentioned in at least one act of Congress as the Territory of Columbia and the District of Columbia, indiscriminately. (2 Stats., 193 and 191.) Although the territory at the seat of government is referred to in various statutes as the District of Columbia, it was not until February 21, 1871, that Congress directly legislated on the subject of nanlingit, which it did by the following clause in the act of that date, entitled "An act to provide a government for the District of Columbia:" That alLthat part of the territory of the United Statea included wiilim the limiis of tJie District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes. (16 Stats., 419.) But this act omitted to define the limits to which it referred. Congress, obviously in doubt as to the sufficiency of that action, again legislated on the subject, in the act entitled "An act providing a permanent form of government for the District of Columbia," approved June 11, 1878, as follows: That all the territory tvhich was ceded by the Slate of Maryland to the Congress of the United States, for the permanent seat of the government of the United States, shall contivue to be designated as the District of Columbia. (20 Stats., 102. ) In this latter act Congress definitely indicates the territory it names. ASSUMPTION OF LEGAL JURISDICTION BY THE UNITED STATES. The acts of cession of Virginia and Maryland provided that the juris- diction of the laws of those States, respectively, over the persons and 12 GOVERNMENT OF THE DISTRICT OF COLUMBIA. property of individuals residing within the limits of the sections so ceded should not cease or determine until Congress, having accepted such cession, should by law provide for the government thereof under its jurisdiction in the manner provided in the eighth section of the first article of the Constitution of the United States. Section 1 of the act of Congress approved July 10, 1790, contains a corresponding provision. The authority of the Government of the United States over the Dis- trict of Columbia " in full and absolute right and exclusive jurisdiction as well of soil as of persons residing or to reside thereon, became vested on the first Monday of December, 1800." (Cranch's Circuit Reports, Vol. 1, pp. 15 to 21, p. 102.) TRANSFER OF THE SEAT OF GOVERNMENT TO THE DISTRICT OF COLUMBIA. The date of the transfer of the seat of government to the District of Columbia was fixed by the first paragraph of section of the act of July 16, 1790, as follows: ^^ And he it enacted^ That or the said first Monda}" in December, in the year one thousand eight hundred, the seat of the Government of the United States shall, by virtue of this act, be transferred to the ^/ District and place aforesaid;" the place referred to being the portion of the District selected for the Federal city. An act of Congress approved April 24, 1800 (2 Stats., 55), authorized the President of the United States to direct the removal of the various Executive Departments to the city of Washington at any time after the adjournment of the first session of the Sixth Congress and before the time fixed by the act of July 16, 1790, for the transfer of the seat of government to that place. The date of the first meeting of Congress in the District was fixed by an act passed May 13, 1800 (p. 102), for the 17th day, or the third Monday, in November, 1800; but it actually met for the first time in the District on November 21, which was the first day of the session when a quorum of both Houses was present. The meeting was in the north wing of the Capitol, then the only completed part of the building. A quorum of the House of Representatives was present on the 18th of that month. The President arrived in Georgetown on June 3, 1800, and in Wash- ington the next ({^y. The personnel and records of the several Departments were trans- ferred from Philadelphia to Washington about the same time, at an expense of |32,872.3'1, and those Departments were fully removed to the latter city b}^ June 16, 1801. (Senate Doc. No. 238, second session, Fift3'-fifth Congress.) GOVERNMENT OF THE DISTRICT OF COLUMBIA. 13 The Supreme Court held its first session in Washington on the 2d of the ensuing- February; but the first session at which a quorum of that court was present was on the ttth of that month, PREVIOUS MEETING PLACES OF CONGRESS. The Congress of the . Revolution first met in Philadelphia, Pa. , on September 5, 1774. and remained there until Wednesday, December 12, 1776, when it adjourned to Baltimore, Md., in consequence of the approach of the British army (p. 30). It met in Baltimore Friday, December 20, 1776, and remained there until February 27, 1777, when it adjourned to Philadelphia, where it met on the 1th of the next March and adjourned from day to da}^ until the 12th of that month. (lb.) On the ISth of September, 1777, military necessity again led to its removal from Philadelphia. It thereupon adjourned to Lancaster, Pa. , where it met on Saturday the 27th of that month, and on the same day adjourned to meet at Yorktown in the same State, at which place it assembled on Tuesday the 30th of the same month. (lb.) It remained in York until Saturday, June 27, 1778, when, in view of the evacuation of Philadelphia by the British, it adjourned to that city, where it held its next session on Thursday, July 2, 1778. (lb.) It remained in Philadelphia until June 21, 1783, when in conse- quence of the menacing demonstration toward it by the unpaid sol- diers of the Revolutionary Army, it adjourned to meet either at Trenton or Princeton, N. J., as the President might direct (p. 31.) Upon the summons of the President it met at Princeton on the 30th of June and continued to hold its sessions there until November 1, 1783 (pp. 31, 43). On November 26, 1783, it met in Annapolis, Md., where it remained until June 3, 1784 (p. 43). It next met in Trenton, N. el., from November 1, 1784, until Decem- ber 24, 1784, when it adjourned to meet in the city of New York (p. 49). It met in New York City on elanuary 11, 1785, and continued to meet there until March 4, 1789, when it was succeeded by the Congress provided for in the Constitution (p. 57). The Congress provided for by the Constitution first met in New York City. The first Wednesday, which was the 4th day of March, 1789, was the day appointed by the resolution of September 12, 1788 (p. 57), for "commencing proceedings" by the Congress provided for by the Constitution, and several members of each House were present on that day, but no quorum appeared in the House of Representatives until the 1st of April, 1789, nor in the Senate until the 6th of that month. On December 6, 1790, Congress removed to Philadelphia 14 GOVERNMENT OF THE DISTRICT OF COLUMBIA. which was chosen by the act of July 16, 1790, as the temporary seat of government until its removal to the District of Columbia. AUTHORITY FOR TEMPORARY REMOVAL OF THE SEAT OF GOVERNMENT. Section 6 of "An act respecting quarantines and health laws," approved February 25, 1799, provides that — In case of the prevalence of a contagious or epidemical disease at the seat of gov- ernment it shall be lawful for the President of the United States to permit and direct the removal of any or all the public offices to such other places as, in his discretion, shall be deemed most safe and convenient for conducting the public business. (1 Stats., 620.) This legislation originated in a Senate amendment, and was a sequela of the 3'ellow-fever epidemics which scourged the city of Philadelphia in 1793 and in 1798, and so severely during the latter year that the President of the United States and the offices of the General and State governments temporarily removed to Germantown, Pa., to avoid the pestilence. (See Watson's Annals of Philadelphia, vol. 2, pp. 11, 63, and 91.) COUNTY SUBDIVISION. The District was divided into two counties by an act of Congress approved Februaiy 27, 1801. The portion derived from Virginia was named the county of Alexandria, and the portion from Maryland, including the islands in the Potomac River in said District, was named the county of Washington. (2 Stats., 105.) RETROCESSION OF ALEXANDRIA COUNTY. Pursuant to an act of Congress of July 9, 1816 (9 Stats., 35), and with the assent of the people of the county and town of Alexandria, at an election on the first and second days of September, 1816, by a viva voce vote of 763 for retrocession and 222 against it. President Polk, by proclamation of September 7, 1816, gave notice that the portion derived from the State of Virginia was re-ceded to that State. The District was thereby reduced to its present area. (9 Stats., 1000.) The action of Congress and the President was based upon petitions of the people of the town and county of Alexandria, Va. , set forth in House of Representatives Report No. 325, of the first session of the Twenty-ninth Congress, dated February 25, 1816 (p. 102). BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA AND THE STATE OF VIRGINIA. The boundary line between the District of Columbia and the State of Virginia has, by judicial decisions, and by acts of Virginia and GOVERNMENT OF THE DISTEIGT OF COLUMBIA. 15 Marylard and of Congress, been fixed at low-water mark on the Virginia shore of the Potomac River. The low-water mark on the Potomac to which Virginia has a right in the soil is to be measured by the same rule; that is to say, from low-water mark at one headland to low-water mark at another, without following indentations, bays, creeks, inlets, or affluent rivers. (Act of Congress approved March 3, 1879, 20 Stats., 482.) CENSUS. The population of the District from 1790 to 1906 has been as follows: Date. 1810. 1820. 1830. 1840. ]8.50. 1S60 . 1870. 1878. 1880. 1900. 1905 . 1906. George- town. 2,993 4,948 7,360 8,441 7,312 8,366 8,733 11,384 11,571 12,578 14, 322 14,345 14,046 15,747 15,809 Wash- ington County (subur- ban). Alexan- dria city 2,746 4,971 7,227 8,218 8,263 8,459 Alexan- dria County (subur- ban). 978 1,325 1,488 1,310 1,508 («) Total. Colored included iu total. 2,472 5,126 7,278 9, 110 9,819 13,746 14, 216 43, 403 53.624 59, 402 67, 188 72,522 75, .572 87,034 88,325 87, 186 95, 695 95, 018 Slaves included in col- ored. 2,072 3,554 4,520 4,505 3,320 3, 687 3,185 a Alexandria city and county re-ceded to Virginia in 1846. bSee under head of "Abolition of African slavery," infra. The decrease In population of Alexan- dria County in 1830 was due to absence of slaves and other residents thereof employed in construct- ing the Chesapeake and Ohio Canal. ^ ■' ^ cThe item of 15,531 for suburban census of 1885, although apparently erroneous, agrees with the official returns. i-f j , o *j'?S°y^^*9,5l° became a part of Washington February 11, 1895, pursuant to an act of Congress of tbat date. The population of that part of Washington according to the census of 1900 is 14,549. 1 he census tor 1800 and each subsequent decade was taken bv the United States; for the year 1878 by the board of assessors, and for the years 1885, 1888, 1894, 1897, 1905, and 1906 by the Metropolitan police department. ^ ABOLITION OF AFRICAN SLAVERY. African slavery in the District of Columbia was abolished April 16, 1862, by the act of Congress approved on that date, and entitled '^An act for the release of certain persons held to service or labor in the District of Columbia" (11 Stats., 376), which provided, among other things: That all persons held to service or labor within the District of Columbia by reason of African descent are hereby discharged and freed of and from all claim to such service or labor; and from and after the passage of this act neither slavery nor invol- untary servitude, except for crime, whereof the party shall be duly convicted, shall- hereafter exist in said District. This act also directed the President of the United States to appoint three commissioners to appraise and apportion the value and validity of claims of "all persons loyal to the United States" "for service or labor against persons discharged therefrom by this act," "not to 16 GOVEENMENT OF THE DISTKICT OF COLUMBIA. exceed in the aggregate an amount equal to three hundred dollars for each person shown to have been so held by lawful claim." One mil- lion dollars was appropriated in the act to carry it into effect, and $100,000 more to aid in colonizing in Haiti, Liberia, or such other country as the President might determine, such free persons of African descent then residing in the District as desired to emigrate. Trade in slaves in the District was by act of September 20, 1850, prohibited after January 1, 1851. (9 Stats., 467.) PENAL DISCRIMINATION ON ACCOUNT OF COLOR DISCONTINUED. Persons of color were made subject to the same penalties as free white persons, and no other, for violations of law on and after May 21, 1862. (12 Stats., 107.) OWNERSHIP OF LAND BY ALIENS. Section 6 of the act of the State of Maryland "concerning the Ter- ritor}^ of Columbia and the city of Washington," passed December 19, 1791, provides: That any foreigner may, by deed or will hereafter to be made, take and hold lands within that part of the said Territory which lies within this State in the same man- ner as if he were a citizen of this State; and the same lands may be conveyed by him and transmitted to and inherited by his heirs or relations as if he and they were citizens of this State: Proiided, That no foreigner shall, in virtue thereof, be entitled to any further or other privilege of a citizen. The object of the foregoing legislation was, as stated in the pre- amble to said act, "that allowing foreigners to hold land within the said Territory will greatly contribute to the improvement and popu- lation thereof (p. 91)." This privilege was substantially modified by subsequent acts of Con- gress and is now governed l)y sections 396 and 397 of the code of laws for the District of Columbia, as follows: It shall be unlawful for any person not a citizen of the United States or who has not lawfully declared his intention to become such citizen, or for any corporation not created by or under the laws of the United States or of some State or Territory of the United States, to hereafter acquire and own real estate, or any interest therein, in the District of Columbia, except such as may be acquired by inheritance: Provided, That the prohibition of this section shall not apply to cases in which the right to hold and dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they exist by force of any such treaties, shall continue to exist so long as such treaties are in force, and no longer, and shall not apply to the ownership of foreign legations or the ownership of residences by representatives of foreign governments or attaches thereof. No corporation or association of which more than twenty per centum of the stock is or may be owned by any person or persons, corporation or corporations, association or associations not citizens of the United States shall hereafter acquire or own any real estate hereafter acquired in the District of Columbia. All property acquired or held or owned in violation of the provisions of this chap- ter shall be forfeited to the United States. GOVERNMENT OP^ THE DISTRICT OF COLUMBIA. 17 SUFFRAGE, The right to vote in the District of Columbia for President of the LTnited States and other national officers, which was extant at the time the territory" embraced in the District was ceded to Congress, was exercised by the qualified voters in the District in the Presidential election of November, 1800. It remained in force until the first Mon- day in December, 1800, when, as announced in the opinion of tTustice Cranch, hereinbefore mentioned, the exclusive jurisdiction of Congress over the District took efi:'ect. The qualifications of voters in the portion derived from Maryland were at that time as follows: All free men above 21 years of age having a freehold of 50 acres of land in the county in which they offer to vote, and residing therein, and all free men having property in this State above the value of £30 current money, and having resided in the county in which they offer to vole one whole year next preceding the election, shall have a right of suffrage, etc. (Constitution of Maryland.) When the District ceased to be a part of Maryland, its residents, no longer being residents of any county of Maryland, consequently lost the right to vote in the elections of that State. The qualification of voters in the portion of the District derived from Virginia at the time of the cession was the possession of a cer- tain amount of real property in. the county in which the vote was cast. (Vol. 8, p. 306, Hening's Statutes at Large of Virginia.) When that part of the District ceased to be under the jurisdiction of any county of Virginia, that right of suffrage in the District accordingly expired. Although the citizens of the District of Columbia ceased to vote for national officers after the first Monday in December, 1800, they were subsequently vested with the right of suffrage in municipal matters, as hereinafter shown under the head of "The cities of Washington and Georgetown,'" and the form of municipal government created by the act of Congress of February 21, 1871. but that right has not existed in the District since June 20, 1874, when the latter form of government was abolished. FORMS OF LOCAL GOVERNMENT. A brief account of the several forms of local government which have been in operation in the District since its establishment as the seat of the General Government is hereinafter given under the heads of "The city of Washington," "Georgetown," "The levy court," and "The District of Columbia." THE CITY OF WASHINGTON. The locality in the District of Columbia designated "the city of Washington" occupies a peninsula formed by the main and eastern branches of the Potomac River. It embraces the Federal city as laid 595a— 07 2 18 GOVERNMENT OF THE DISTRICT OF (K)LUMBIA. out by the commissioners appointed in 1791 and the town of George- town, which was consolidated with it February 11, 1895, by an act of Congress of that date. (28 Stats., 050.) The city as it existed prior to its consolidation with former George- town was established pursuant to the provisions of section 3 of the act of Congress of July 16, 1790, entitled "An act for establishing the temporary and permanent seat of the Government of the United States" (1 Stats., 130), which provided that the commissioners ap- pointed under section 2 of said act to define the limits of the District of Columbia should have the power ' to purchase or accept such quantity of land on the eastern side of said (Potomac) river, within the said District, as the President shall deem proper for the use of the United States, and according to such plans as the President shall approve; the said commissioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hun- dred, provide suitable buildings for the accommodation of Congress, and of the President, and for the publ?-:*, ofiices of the Government of the United States." The city was located in the portion of the 'District ceded by Mary- land conformabl}^ to the requirement of the act of March 3, 1791 (1 Stats., 211:), amendatory of the act of Jul}^ 16, 1790, "that nothing herein contained shall authorize the erection of the public buildings otherwise than on the Maryland side of the river Potomac." BOUNDARIES OF THE CITY OF WASHINGTON. The boundaries of the city of Washington were never specifically defined by acts of Congress, but those of the city as it existed prior to the annexation of Georgetown were incidentally fixed by the Presi- dent of the United States, pursuant to the discretion vested in him b}^ section 3 of the act of July 16, 1790, which empowered the commis- sioners appointed under that act to purchase or accept land and pro- vide buildings for the accommodation of Congress, the President, and the public offices, as the President might deem proper. In the exer- cise of that discretion the President approved of the plan embracing the land deeded by the proprietors to said commissioners, in trust, to be laid out for a Federal city and which is bounded in the deeds as follows (p. 91): Beginning on the east side of Rock Creek, at a stone standing in the middle of the main road leading from Georgetown to Bladensburg; thence along the middle of the said road to a stone standing on the east side of the Reedy Branch of Goose Creek; thence southeasterly, making an angle of sixty-one degrees and twenty "tiiimtes with the meridian, to a stone standing in the road leading from Bladens- t)urg to the Eastern Branch ferry; thence south to a stone eighty jioles north of the east and west line already drawn from the mouth of Goose Creek to the Eastern Branch; then east parallel to the said east and west line to the Eastern Branch; thence, by and with the waters of the Eastern Branch, Potomac River, and Rock Creek, to the beginning. GOVERNMENT OF THE DISTRICT OP COLUMBIA. 19 These boundaries are also recognized in an act of the legislature of Maryland, passed December 19, 1791, entitled "An act concerning the Territory of Columbia and the city of Washington" (p. 96). By an act of Congress approved August 18, 1856 (11 Stats., 120), the bounds of the corporation of the city of Washington were extended so far as to comprehend the lower Eastern Branch or Navy -Yard Bridge. The bounds of the city of Washington and of the county of Wash- ington were also extended so far as to embrace the causeway and bridge across the Potomac to the opposite shore, and those corporations empowered tf) adopt and enforce such rules and regulations as they might deem necessary for the safety and se(uirity of property and of persons passing the said causeway and bridge. (March 3, 1839; 5 Stats., 36.5.) These boundaries were enlarged by the consolidation of Georgetown and the city of Washington by the act of Congress approved February 11, 1895. The city of Washington as first established contained 6,110.94 acres; but on February 11, 1895, its area was increased b}^ the annexation of Georgetown, whose precise extent has never been determined, but which is estimated by the Surveyor to contain 5-13 acres. PRELIMINARY AGREEMENT OP PROPRIETORS. The owners of the land, in consideration of the great benefit they expected to deriv^e from having the Federal city laid oft' upon their lands, etc., entered into a preliminary agreement with the commissioners, April 12, 1791, to convey the land in trust for that purpose (p. 85). PROCUREMENT OF THE SITE. The proprietors of the 6,110.94 acres conveyed the same on June 29, 1791, in trust to two trustees, Thomas Beall and John Mackall Gantt, "to be laid out for a Federal city, with such streets, squares, parcels, and lots as the President of the United States for the time being shall approve" (p. 92). Those trustees were required to convey, "for the use of the United States forever," to the commissioners appointed to lay out the District and city all the said streets and such of the said squares, parcels, and lots as the President might deem proper for such use. The interest of the State of Maryland in the site was, by the legis- lature of that State, on December 19, 1791, vested in the same trus- tees, subject to the same terms and conditions as those to which the said proprietors had subjected their land (p. 97). 20 GOVERNMENT OF THE DISTRICT OF COLUMBIA. BOUNDARIES OP THE TRACTS OF THE ORIGINAL PROPRIETORS. The border lines of the lands of the several original owners of the site of the city of Washington, exclusive of former Georgetown, were laid down on the land, as a preliminary engineering groundwork, by Major L'Enfant in designing the map of the Federal citv, and the plan of the city was subsequently mapped out over these lines. These lines appear on the portfolio maps made by Nicholas King. The King set of maps was reproduced by the United States Coast and Geodetic Surve}^ Office, approved for publication by the superintend- ent of that office April 4, 1884, and duly published by that office for distribution. Mr. King also compiled them into a map about 5 feet square, which is called the King map of 1803. These farm lines are marked across the respective squares in the records of the apportion- ment of lots between the original proprietors and the first commis- sioners. These records, with the King maps, are in the custody of the officer in charge of public buildings and grounds. In 1884 Mr. John M. Stewart, civil engineer, of the office of the commissioner of public buildings and grounds, published a condensed map showing these lines, which is generally considered an authority in determining who were the original proprietors of the land embraced in lots, and in several cases hae been so accepted by the local courts. THE DESIGNING OF THE PLAN OF THE CITY. The credit of designing the plan of Washington is mainly due to Maj. Pierre Charles L' Enfant, who was employed for that purpose, but frequently conferred with President Washingion and others whose views had a material influence in the matter. His plan, without sub- stantial alteration, was approved by President Washington in August, 1791. His employment in that capacity was discontinued March 1, 1792. The following reference by President Washington to the subject will be of interest: That many alterations have been made from L'Enfant's plan by Major Ellicott, with the approbation of the Executive, is not denied; that some were essential is avowed; and had it not been for the materials which he happened to possess it is probable that no engraving from L'p]nfant's drafts ever would have been exhib- ited to the public, for after the disagreement took place between him and the com- missioners his obstinancy threw every difficulty in the way of its accomplishment. Andrew Ellicott succeeded Major L'Enfant. He had assisted him in surveying the site, and was directed to ""finish the laying of the plan on the ground," and to prepare a plan from the materials gathered and from the information obtained by him while assisting L'Enfant in making the surveys. His plan, which was substantially that of L'Enfant, was the first plan engraved and published for di.strihution. Its publication and promulgation were alluded to by President Wash- GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 21 ington as "giving- the final and regulating stamp to the city of Washing- ton." The general features of this plan have stood the test of time so well that Congress, by an act approved August 27, 1888 (25 Stats., 451), directed that "no future subdivisions of land in the District of Colum- bia without the limits of the cities of Washington and Georgetown shall 1)6 recoixied in the surveyor's office of said District unless made in conformity with the general plan of the city of Washington," and adopted it in the general highwaj^-extension law of March 2, 1893 (27 Stats., .-,82). THE FEE SIMPLE To THE STREETS AND RESERVATIONS. In consequence of disputes as to the meaning of portions of the deed, the trustees refused to convey the streets and reservations to the com- missioners appointed to la}" out the city; but the Supreme Court of the United States decided that the fee simple therein was vested in the United States. (John P. Van Ness and Marcia, his wife, complainants, appellants, v. The Mayor, Aldermen, and Board of Common Council of the City of Washington and the United States of America, defendants, 4 Peters, 232.) This relates onl}' to the streets and avenues of the city of Washington as it existed prior to its consolidation with Georgetown. DISTRIBUTION OP LOTS. The deed in trust directed that a fair and equal division should be made of the land not taken for streets, squares, parcels, and lots for the use of the United States; that the lots assigned to the proprietors should be conveyed to them by the trustees, and that the other lots be sold as the President might direct; the proceeds of such sales to be first applied to the payment, in money, to the proprietors for the land set apart for the use of the United States, excepting the streets, at £25, or |66iT per acre," and the remainder to providing public buildings as contemplated by sections 3 and 4 of the act of July 16, 1790. While the trustees, by a deed dated November 30, 1796, conveyed to the commissioners appointed to lay out the city such lands as were allotted to the United States, no reconve^^ance was made by the trustees to the original grantors of the lands to which they were entitled under the trust deeds. The act of the Maryland legislature of December 19, 1791 (p. 100), however, which ratified the cession of the territory selected as the site of the District, provided that the commissioners should have recorded every allotment and assignment to the respective proprietors. These entries of allotment, together with the certificates thereof, are the only evidence of title of the original grantors to the portions « Pennsylvania currency, then adopted in Pennsylvania, New Jersey, Maryland, and Delaware. 22 GOVERNMENT OF THE DISTRICT OF COLUMBIA. to which they were entitled under the provisions in their trust deeds. (See opinion of Attorney-General Gushing, dated August 1, 1855.) The land was divided as follows: Acres. Total number of acres taken for the city 6, 110. 94 Donated to the United States for avenues, streets, and alleys 3, 606 Donated to the United States, 10,136 building lots 982 Bought by the United States for public buildings and use 541 Total number of acres taken by the United States 5, 129 10,136 lots given back to former owners 981. 94 A list of the lots so assigned to the original proprietors, with names and dates, is contained in Senate Document No. 18, Fifty-seventh Con- gress, first session. The act of the same State, entitled "A further supplement to the act concerning the Territory of Golumbia and the city of Washing- ton," approved December 28, 1793, prescribed: That the certificates granted, or which may be granted, by the said commissioners, or any two of them, to purchasers of lots in the said city, with acknowledgment of the payment of the whole purchase money, and interest, if any shall have arisen thereon, and recorded agreeably to the directions of the act concerning the Territory of Columbia and city of Washington, shall be sufficient and effectual to vest the legal estate in the purchasers, their heirs and assigns, according to the import of such cer- tificates, without any deed or formal conveyance (p. 114). As the 541 acres for public buildings and reser,vations were required to be paid for out of the iirst proceeds of the sale of the lots donated to the Government, it will be seen that of the 6,111 acres 5,129, or five-sixths of the whole, were a gift to the Government. Thus the United States not only got without cost the fee simple in the streets and avenues and the sites and grounds for the Capitol and other pub- lic buildings, but received a large amount of moneys from the net pro- ceeds of the sales of the alternate building lots apportioned to it. The first ofiicial mention of the cit}^ by name was in a letter of the original commissioners to Major L'Enfant, dated September 9, 1791, in which they state: "We have agreed that the Federal district shall be called the Territory of Columbia and the Federal city the city of Washington," although they had no statutory authority to name oi her of them (p. 94). The first reference to it by its present name, in an act of Congress, is in the title of "An act authorizing a loan for the use of the city of Washington, in the District of Columbia, and for other purposes therein mentioned,'' approved May 0, 1790 (1 Stats., 401), but the name does not occur in the body of the law. It is mentioned by that name in an GOVERNMENT OF THE DISTRICT OF COLUMBIA. 23 act of Maryland, entitled "An act concerning- the Territory of Columbia and the city of Washington," approved December 19, 1791 (p. 9T). The most explicit statutory application of the name by Congress is in the act of Fel)ruary 21, ISTl, which prescribes that " that portion of said District included within the present limits of the city of Washington shall continue to be known as the city of Washington." (16 Stats., 42?.) THE FIRST CITY OFFICIALS. The first, officials of the Federal city were the President of the United States, - the three commissioners appointed by the President under act of July 16, 1790, and, to a limited extent, the officers of the lev}" court. On July 1, 1802, the office of the three commissioners was abolished by section 1 of "An act to abolish the board of commis- sioners in the city of Washington, and for other purposes," approved May 1, 1802 (2 Stats., 175), which directed the commissioners to deliver all their official records and property relating to said citv to an officer created by said act and styled " superintendent,'' to be appointed by the President, and to succeed to all the powers and duties of said commissioners. This office of " superintendent" was abolished March 3, 1817, by the operation of an act of Congress approved April 29, 1816 (3 Stats., 324), which in lieu thereof created the office of one commissioner to super- intend pul)lic buildings, and succeed to all the powers and duties of the former three commissioners and of said superintendent, l)ut to "hold no other office under the authority of the United States." The office of commissioner in charge of public buildings so created was abolished and its duties and powers transferred to the Chief of Engineers of the United States Arm}' by an act of Congress approved March 2, 1867. (14 Stats., 466.) The duties which where thus transferred to the Chief of Engineers were, with subsequent additions and changes, those which related to the supervision of the national public buildings and grounds in the city of Washington, excepting the care and improvement of the streets and other public highways. The duties which coumionly appertain to nuuiicipal control svere, as hereinafter stated, intrusted to the inhabitants of the city of Washing- ton by an act incorporating them for that purpose. THE FIRST CHARTER OF THE CITV OF WASHINCiTON. The first incorporation of the inhabitants of the city of Washington was effected by an act of Congress approved May 3, 1802. (2 Stats., 195.) This charter provided for a mayor appointable by the President of the United States, and a city council to be elected by the people. This charter was modified by subsequent acts of Congress. The first mayor was appointed in June, 1802, and was reappointed annually and 24 GOVERNMENT OF THE DISTRICT OF COLUMBIA. served until the second Monday in June, 1812. An act of Congress of May 4, 1812 (2 Stats., 721), devolved the duty of electing- a mayor, to take office on the second Monday of each subsequent June, upon the city council, which was elected by the qualified voters of the cit}". That method was in force until the first Monday of June, 1820, from which date, pursuant to an act of Congress approved May 15, 1820, the mayor was elected ])y the people for terms of two years until May 31, 1871, on which date the charter of the corporation expired pursu- ant to the provisions of an act of Congress approved February 21, 1871, entitled "An act to provide a government for the District of Columbia" (16 Stats., 419), which continued the name of the cit}' of Washington, but only as a local designation. (A list of the principal officials of the city is contained in Senate Document No. 23s, Fift}^- fifth Congress, second session, by Wilhemus B. Bryan, esq.) NAMING THE STREETS. The commissioners who first named the city also stated in their let- ter of September 9, 1791, informing Major L'Enfant of their action in that respect: We tiave also agreed that the streets be named alphabetically one way and numer- ically the other; the former to be divided into north and south and the latter into east and west numbers from the Capitol (p. 95) . AVIDTH OF HIGHWAYS. The widths of the streets and avenues of Washington, between the building lines, are: North and South Capitol, 130; East Capitol, 160; Boundary, or Florida avenue, 80; Water, 60 and 80; Maine," 85; Missouri," 85. ABCDEFGHIKLMNOPQRST 90 90 80 70 90 100 90 90 90 147.8 90 90 80 90 90 90 90 90 90 U V w 90 80 80 ABCDEFGHIKLMNOPQRSTUVW 90 90 80 90 90 70 100 80 90 80 90 90 90 85 85 85 85 85 85 80 80 40 J 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 80 110 90 90 85 100 85 90 100 90 80 90 112 90 100 90 80 100 80 19 20 21 22 23 24 80 100 80 80 80 80 « Maine and Missouri streets are commonly called "avenues;" but the act of the corporation of the city of Washington, approved March 23, 1826, by which they were named, designates them as streets. GOVERNMEN^T OF THE DISTRICT OF COLUMBIA. 25 ^ 1 2 3 «4 «4J 5 6 7 8 9 10 11 12 13 13J 14 15 80 90 90 110 80 110 80 100 85 100 85 85 111.5 85 110 7o" 110 110 16 17 18 19 20 21 22 23 24 25 26 27 28 160 110 90 no 90 90 90 100 90 90 80 70 80 WIDTH OF AVENUKS. Connecticut, 130; Delaware, 160; Georgia, 160; Indiana, 160; Ken- tuck}-, 120; Louisiana, 160; Maryland, 160; Massachusetts, 160. (See footnote as to Maine and Missouri avenues, so called.) New York, east of Fifteenth street, 130; New York, west of Seventeenth street, 160; New Jersey, 160; North Carolina, 160; New Hamp-shire, 120; Ohio, 160; Pennsylvania, east of Fifteenth street, 160; Pennsylvania, west of Seventeenth street, 130; Rhode Island, 130; South Carolina, 160; Tennessee, 120; Vermont, 130; VirjJ'inia, Mall to Eastern Branch, 160; Virginia, B street to Rock Creek, 120. NAMrN(4 THE AVENUES. Neither the acts of Congress nor the records of the commissioners under whose direction and surveillance the city of Washington was established contain authority for nor account of the naming of the avenues in that city, other than the incidental recognition of those on the Dermot map of 1795, which was formall}" adopted by President Washington in his letter of March 2, 17T)7 to the trustees appointed to lay out the Federal city. HIGHWAYS AS P(5ST ROUTES. An act of Congress approved March 1, 1881 (23 Stats., 3), declares that all public road« and highwa3's while kept up and maintained as such are post routes. ORIGINAL ALLEYS. President Washington, in his order of October 17, 1791, regulating the manner and materials for building in the city of Washington, states: "The way into the squares being designed in a special manner for the common use or convenience of the occupiers of the respective squares the propert}^ in the same is reserved in the public, so that there may be an immediate interference on any abuse of the use thereof by any individual to the nuisance or obstruction of others." (Webb's Digest, p. 57.) "The name of Four-and-a-half street NW. was changed to Fourth street NW. June 6, 1900. (31 Stats., 668.) The name of that portion of Fourth street NW., formerly a part of Four-and-a-half street, extending from D street to Pennsylvania avenue was changed to John Marshall place March 1, 1901. (31 Stats., 828.) This street is therefore John Marshall place from North D street to Pennsylvania avenue; Fourth street from that avenue to the middle of the Mall, and Four-and-a-half street thence south. 26 GOVERNMENT OF THE DISTRICT OF COLUMBIA. GEORGETOWN. The part of Washington wliich was formerly Georgetown was laid out pursuant to an act of the jirovince of Mar3dand dated Juno 8, 1751 (p. 128), passed in response to a petition of several inhabitants of Fred- erick County, in said State. This act appointed seven commissioners to purchase 60 acres belonging to Messrs. George Gordon and George Beall, on the Potomac River, "above the mouth of Rock Creek, adjacent to the inspection house in the county aforesaid,"" and to cause the said 60 acres to be "surveyed, divided, and laid out, as near as conveniently may be, into 80 equal lots, allowing sufficient space or quantity thereof for streets, lanes, and alle3's. The act then adds that upon the com- pletion of said proceedings the locality is "erected into a town, and shall be called by the name of Georgetown." It was never incorpo- rated as a city, but was commonly called the cit}^ of Georgetown as a consequence of the casual reference to it by that title in numerous acts of Congress; unless a purpose to create it a city may be inferred from the clause in the act of Congress of February 21, 1871, which directs that "that portion of said District included within the limits of the city of Georgetown shall continue to be known as the city of George- town.'^ (16 Stats., 428.) The boundaries and jurisdiction of Georgetown were extended and defined by the following enactments of Maryland and Congress: Acts of Maryland passed December 26, 1783 (p. 134); January 22, 1785 (p. 134); and December 25, 1789 (p. 136); and acts of Congress approved March 3, 1805 (2 Stats., 335); March 3, 1809 (ib., 537); June 4, 1813 (3 Stats., 1); January 14, 1823 (6 Stats., 280); March 3, 1826 (4 Stats., 140); May 25, 1832 (ib., 518); July 4, 1836 (6 Stats., 683); July 27, 1842 (5 Stats., 497); February 27, 1845 (6 Stats., 927). Under the statute of March 3, 1805, the "Fenwick map" adopted by the act of March 3, 1809, was prepared. The extension of March 3, 1826, was made to include the residence of John Cox to enable him to retain his residence and be eligible to hold the office of maj^oi'. The general supposition is that the town was named in honor of George II, then the reigning sovereign of Great Britain, but it is also contended that it was named as a compliment to the two Georges from whom the site was obtained. The commission, whose membership was reduced to five in 1784, continued to exercise the local municipal authority in the town until December 25, 1789, when the town was incorporated b}^ an act of the general assembly of Maryland of that date, with a mayor, recorder, aldermen, and common council (p. 136). The first mayor was appointed by that act for one year, to commence January 1, 1790. The office was thereafter filled unnually on the first Monday of .lanuary ])v the votes of the mayor, recorder, and common council, or in an analogous manner, GOVERISTMENT OF THE DISTRICT OF COLUMBIA. 27 until the fourth Monday of February, 1831. The office was then and thereafter bienniall}' tilled by vote of the people. The streets of this part of Washington generally run due north and south and east and west. By an arbitrary order of the District Commissioners, dated October 4, 1880, the north and south streets were renamed from Twenty-sixth to Thirty-eighth, both included, in continuation of the western series of the streets of Washington having the same general direction; and the east and west streets from K (or Water) to W, in order to agree as nearly as practicable with the corresponding streets in Washington. A few streets, viz, Prospect, Dumbarton, Olive, Jefferson, Valley, Potomac, Grace, and Need wood, were so situated as not to admit of designation under either of those systems. The streets are 60 feet wide from building line to building line, except K, which is 70; M, 82i; Thirty-fifth, 80; Thirty-second from K to the angle south of N, 82i; Valley, 33; Mill, 33, apd Poplar, 40. The Commissioners were directed by the act of February 11, 1895, consolidating Washington and Georgetown, to cause the nomenclature of the streets and avenues of the latter to conform to those of the former as far as practicable, but have never acted under that require- ment. The streets in the part of Georgetown laid out under the act of Maryland of June 8, 1751, were acquired by the public in practically the same manner in which the title to the original streets of the city of Washington was derived, but the status of those streets, unlike the status of the original streets and avenues of the original city of Wash- ington, has never been judicially determined. Georgetown had been enlarged by numerous additions, until, as calculated by the surveyor of the District, it embraced about 543 acres. Its charter was revoked May 31, 1871, by the act of Congress of February 21, 1871, aforesaid, by which its name was retained as a topographical designation, until its consolidation with Washington by the act of February 11, 1895 (28 Stats., 650), as follows: AN ACT changing the name of Georgetown, in the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act all that part of the District of Columbia embraced within the bounds and now constituting the citj' of Georgetown, as referred to in said acts of February twenty-first, eighteen hundred and seventy-one, and June twentieth, eighteen hundred and seventy-four, shall no longer be known by the name and title in law of the city of Georgetown, but the same shall be known as and shall constitute a part of the city of Washington, the Federal ca' ital; and all general laws, ordinances, and regulations of the city of Washington be, and the same are hereby, extended and made applicable to that part of the District of Columbia formerly known as the city of Georgetown; and all gen- eral laws, regulations, and ordinances of the city of Georgetown be, and the same are hereby, repealed; that the title and existence of said Georgetown as a separate 28 GOVERNMET^T OF THE DISTRICT r)F COLUMBIA. and independent city by law is hereby abolished, and that the Commissioners of the District of Columbia be, and they are hereby, directed to cause the nomenclature of the streets and avenues of Georgetown to conform to those of Washington so far as practicable. And the said Commissioners are also directed to have the squares in Georgetown renumbered, so that no square shall hereafter bear a like number to any square in the city of Washington: Provided, That nothing in this act shall operate to affect or repeal existing law making Georgetown a port of entry, except as to its name. THE LEVY COURTS. When the District of Columbia was first established the local public affairs of that portion of its territor}^ located in Maryland were admin- istered ]\v two bodies, which had jurisdiction over the portions derived from Prince George County and fi-oni Montgomery Count}^, respec- tively, and were composed of justices of the peace, who were commis- sioned by the governor and council of that State as "justices of the levy court." The jurisdiction for the same purposes in the portion derived from Virginia at that time reposed in the county courts of that State. No subsequent legislation seems to have been enacted by Congress relatiyc to the jurisdiction of the levy court of the county of Alex- andria except as such jurisdiction was affected l)y the act receding that county to Virginia, hereinafter mentioned. By section 11 of an act of Congress approved February 27, 1801 (2 Stats., 107), the President of the United States was directed to appoint, in and for each of said counties, an indefinite number of justices of the peace, to continue in office for five years. Section 4 of an act approved March 3, 1801 (ib., 115), constituted these magistrates a "board of commissioners," with the same powers and duties as those then performed by the lev}^ courts of Marjdand. Under the above-mentioned and subsequent laws of Congress the lev}' courts administrated the local government affairs of that part of the District of Columbia situated outside of the cit}' of Washington and of Georgetown. The membership of the court for that part of the District derived from Maryland was fixed at seven by the act of July 1, 1812 (2 Stats., 773), to be annually' designated by the President of the United States from among the existing magistrates of the county; two from east of Rock Creek, outside of the city of Washington; two from west of Rock Creek and outside of Georgetown, and three from Georgetown. The city of Washington, although not represented in the court, was required by section 11 of the same act to bear and defra}^ equally with the other parts of the county the general county expenses and charges, other than for the expenses of the roads and bridges outside of the limits of Washington and Georgetown; but by section 16 of the act of May 17, 1848 (9 Stats., 230), the President was directed to appoint four members from the cit}^ of Washington in GOVERNMENT OF THE DISTRICT OF COLUMBIA. 29 addition to the seven appointable from the other portions of the District. The requirement that the membership of the court should be selected from among- the justices of the peace for the county of Wash- ington was repealed May 3, 1862, by an act of that date (12 Stats., 381, sec. 8). By an act approved March 3, 1863 (12 Stats., 799), the membership of the court was reduced to nine persons, without respect to their occupations, to be appointed by the President and confirmed by the Senate, in such manner that the terms of one-third of the members should expire annually. Its jurisdiction and functions were specific- all}^ prescribed by that act and remained substantially as so estab- lished until May 31, 1871, when the court was abolished by the act of February 21, 1871 (16 Stats., 428, sec. 40), which consolidated the local governments in the District into one municipality. FIKST MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA. The act of Congress of February 21, 1871, which revoked the char- ters of the corporations of the city of Washington, Georgetown, and the lev}^ court of the count}^ of Washington, established in their stead a single municipal government named the District of Columbia. All valid laws and ordinances then existing in the District were, by said act, continued in force. The new municipality consisted of a governor, a board of public works composed of the governor and four other per- sons, a secretaiy, a board of health, a legislative assembly consisting of a council of 11 members and a house of delegates consisting of 22 members, and a Delegate in the House of Representatives of the United States. The governor, the board of public works, the secretary, the board of health, and the council were appointed by the President of the United States, l)y and with the consent of the Senate. The members of the house of delegates and the Delegate in the House of Repre- sentatives were elected by the qualified voters of the District of Colum- bia. The ofiicial term of the governor, members of the board of pu])lic works, the secretary, and the members of the board of health was four years; the term of the members of the council and the Dele- gate to Congress two years, and the term of the members of the house of delegates one year. SECOND MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA. On June 20, 1874, by an act of Congress of that date (18 Stats., 116), the form of government established by the act of February 21, 1871, was abolished, and the executive municipal authority in the District ^ mporarily vested in three Commissioners appointed ])y the President 30 GOVERNMENT OF THE DISTRICT OE COLUMBIA. of the United States and confirmed by the Senate, who succeeded in general to the powers and duties of the governor and the board of public works, and were assisted by an officer of the Engineer Corps of the United States Army, detailed for that purpose under the require- ments of the first-named act. This temporarj^ form of government existed until July 1, 1878, when, pursuant to an act of Congress of June 11, 1878 (20 Stats., 102), it was succeeded by the present form, for which see pages l-tl, et sequentes. Appendix 1. [Abstract of proceediiixs of Congress relative to locating the scat of government, carefully compared with the original records in the Library of Congress by Mr. Louis C. Wilson, assistant secretary to the Commissioners.] The Congress of the Revolution first met at Philadelphia, Monday, September 5, 1774, and continued to hold its sessions there until Wednesday, December 12, 1776, when, in consequence of the approach of the British army, it adjourned to Baltimore, where it met on Friday the 20th and continued until Tuesday, Februar}' 27, 1777, when it adjourned to meet at Philadelphia on Wednesday, the ith of March, when it met and adjourned from day to day until the 12th of that month. On Sunday, September 14, 1777, it was — Resolvecf, That if Congress shall be obliged to remove'from Philadelphia, Lancaster be the place where they shall meet. It continued to meet in Philadelphia until the 18th of that month, and adjourned that evening to meet the next morning. But in the meantime the President received a letter from Colonel Hamilton, one of General Washington's aids, which intimated the necessity of remov- ing immediately from Philadelphia, Agreeably to the resolve of the 14th it met in Lancaster, in the State of Pennsylvania, on Saturda}' the 27th; on the same day adjourned to Yorktown in that State, where it assembled on Tuesday the 30th, and continued to meet until Saturday the 27th of June, 1778, when, having been informed by a letter from General Washington on the 18th (read in Congress on the 20th) that the enemy had evacuated the city of Philadelphia, adjourned to that city, where it met on Thursday the 2d of July. On the 4th of June, 1783, it resolved — That copies of the act of the legislature of Maryland, relative to the cession of the city of Annapolis to Congress for their permanent residence; and also copies of the act of the legislature of New York, relative to the cession of the town of Kingston for the same purpose, together with the papers which accompanied both acts, be transmitted to the executives of the respective States, and that they be informed by the President, that Congress have assigned the first Monday in October next fo" taking the said offers into consideration. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 31 On the 21st of June, 1783, it was resolved by Congress — That the President and supreme executive council of Pennsylvania be informed that the authority of the United States having been this day grossly insulted by the disorderly and menacing appearance of a body of armed soldiers about the place within which Congress were assembled, and the peace of this city being endangered by the mutinous disposition of the said troops now in the barracks, it is, in the opinion of Congress, necessary that effectual measures be immediately taken for supporting the public authority. Resolved, That the committee, on a letter from Colonel Butler, be directed to con- fer, without loss of time, with the supreme executive council of Pennsylvania, on the practicability of carrying the preceding resolution into effect; and that in case it shall appear to the committee that there is not a satisfactory ground for expecting adequate and prompt exertions of this State for supporting the dignity of the Federal Government, the President on the advice of the committee be authorized and directed to summon the members of Congress to meet on Thursday next at Trenton or Princeton, in New Jersey, in ordeu that further and more effectual measures may l)e taken for suppressing the present revolt, and maintaining the dignity and author- ity of the United States. licsolved, That the Secretary at War be directed to communicate to the commander in chief, the state and disposition of the said troops, in order that he may take imme- diate measures to dispatch to this city such force as he may judge expedient for sup- pressing any disturbances that may ensue. Congress did not meet again until the 30th, when they assembled at Pi-inceton upon the summons of the President. Tuesday/, July 1, 1783. — On the report of a committee consisting of Mr. Hamilton, Mr. Ellsworth, and Mr. Bland, to whom was referred a motion of Mr. Hamilton — Resolved, That Major-General Howe be directed to march such part of the force under his command, as he shall judge necessary to the State of Pennsylvania, in order that immediate measures may be taken to confine and bring to trial all such persons belonging to the army as have been principally active in the late mutiny, to disarm the remainder, and to examine fully into all the circumstances relating thereto. That in the execution of the foregoing resolution, if any matters shall arise which may concern the civil jurisdiction, or in which its aid may be necessary, application be made for the same to the executive authority of the State. That the executive of Pennsylvania be informed of the foregoing resolutions, and requested to afford their assistance whensoever the same shall be required. The committee, consisting of Mr. Hamilton, Mr. Ellsworth, and Mr. Peters, to whom were referred a letter of the 17th of June, from Col. R. Butler, at Lancaster, and sundry papers communicated to Congress by the executive council of Pennsylvania, through* their delegates, having on the 19th of June made a verbal report, and on the 20th of the same month, a report in writing, and the written report being on the 30th recommitted that they might amend it by adding tliereto their verbal report, and the report being this da}'^ brought in with the amendment: Ordered, That it be entered on the journal. 32 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The report is as follows: The committee to whom were referred the letters and papers communicated to Congress by the executive council of Pennsylvania, through their delegates, report: That they had a conference yesterday, as directed, with the supreme executive council, in which, in the first instance, the propriety of calling out a detachment of militia to intercept the mutineers on their march from Lancaster, was proposed to the council, suggesting the danger of their being suffered with impunity to join the troops in the barracks, who a few days before had manifested a dangerous spirit by an insolent and threatening message sent to Congress in the name of a board of ser- geants, and who, it was apprehended, would be ready to make common cause with those on their march for mutinous purposes. That the council having shown a reluctance to call out any part of the militia, expressing an opinion that they would not be willing to act, till some outrage should have been committed by the troops; there appeared to the committee no alternative but to endeavor to dissuade the mutineers from coming to town, and if they failed in that attempt, to make use of expedients to prevent the troops in the barracks from joining in any excesses, and to induce the detachment from Lancaster to return to that place. That in this view, and that at their desire, the assistant secretary at war met the detachment then on its march to the city, and endeavored to engage them to return to the former place, urging the considerations contained in the annexed instructions to him, but the said detachment persisted in their intention of coming to this city, and arrived here this morning. That upon conferring with the superintendent of finance, they find there is a probability that the paymaster- general, to whom the settlement of the accounts of the Army has been committed, and who, having all the documents in his possession, can alone execute the business with propriety, will shortly arrive from the Army, and will immediately enter upon a settlement with the troops in this State; that in the meantime measures will be taken to prepare the business for a final adjustment. That there will immediately be sent to Lancaster a sum of money to be paid to the troops on account of the month's pay heretofore directed to be advanced to them, the payment of which has hitherto been delayed by particular circumstances, together with notes for three months' pay, intended to be adv-anced to the men when furloughed. That they have desired this information to be transmitted to the com- manding officer here, and at Lancaster, with this declaration, that the corps sta- tioned at Lancaster, including the detachment, can only be settled with or paid at that place. THE INSTRUCTIONS TO MAJOR .TACKSON. Sir: Information having been received that a detachment of about eighty muti- neers are on their way from Lancaster to this place, you will please proceed to meet them, and to endeavor by every prudent method to engage them to return to the post they have left. You will inform them of the orders that have been given, per- nutting them to remain in service till their accounts shall have been settled, if they prefer it to being f&rloughed, and of the allowance of pay which has been made to the Army at large, and in which they are to be included. You will represent to them that their accounts can not be settled without their officers, whom they have left behind them at Lancaster. You will represent to them with coolness but energy the impropriety of such irregular proceedings, and the danger they will run by persisting in an improper conduct. You will assure them of the best intentions in Congress to do them justice, and of the absurdity of their expecting to procure it more effectually by intemperate proceedings. You will point out to them the tendency which such proceedings may have to raise the resentments of their country, and to indispose it to take effectual measures for their relief. In short, you will GOVERNMENT OF THE DISTRICT OF COLUMBIA. 33 urge every consideration in your power to induce them to return, at the same time avoiding whatever may tend to irritate. If they persist in coming to town, you will give the earliest notice to us of their progress and disposition. Should they want provisions, you will assure them of a supply if they will remain where they are, which yoM are to endeavor to persuade them to do in preference to coming to town. I am, sir, your most obedient servant, A. Hamilton, In behalf of the Committee Major Jackson, Assistant Secretary at War. Philadelphia, June 19, 1783. The committee, consisting- of Mr. Hamilton and Mr. Ellsworth, appointed on the 21st June to confer with the supreme executive council of Pennsylvania, on the practicability of taking- effectual meas- ures to support the public authority, having delivered in a report: Order(^d, That it be entered on the journal. The report is as follows: The committee appointed to confer with the supreme executive council of Penn- sylvania, on the practicability of taking effectual measures to support the public authority, iu consequence of the disorderly and menacing appearance of a body of armed soldiers surrounding the place where Congress were assembled, on Saturday, the 21st instant, beg leave to report: That they had a conference the morning following with the supreme executive council, agreeably to the intention of Congress, and having communicated their res- olution on that subject, informed the council that Congress considered the proceed- ing on which that resolution was founded, of so serious a nature, as to render palli- atives improper, and to require that vigorous measures should be taken to put a stop to the further progress of the evil, and to compel submission on the part of the offenders. That in this view they had thought it expedient to declare to the execu- tive of the State in which they reside, the necessity of taking effectual measures for supporting the public authority. That though they had declined a specification of the measures which they would deem effectual, it was their sense that a number of the militia would be immediately called out, sufficient to suppress the revolt. That Congress, unwilling to expose the United States to a repetition of the insult, had suspended their ordinary deliberations in this city, till proper steps could be taken to provide against the possibility of it. The council, after some conversation, informed the committee, that they would wish, previous to a determination, to ascertain the state and disposition of the militia, and to consult the officers for that purpose. The day following the committee waited upon the council for their final resolu- tion, having previously presented a letter addressed to his excellency the President, of which a copy is annexed, requesting the determination of the council in writing. The coimcil declined a written answer, alleging that it had been unusual on similar occasions; that they were unwilling to do anything which might appear an innova- tion in the manner of conducting conferences between their body and committees of Congress, adding, however, that they were ready to give their answer ia writing, if Congress should request it. They then proceeded to a verbal answer, in substance as follows: That the council had a high respect for the representative sovereignty of the L'liited States, and were disposed to do everything in their power to support its dignity. That they regretted the insult which had happened, with this additional motive of sensibility, that they had themselves had a principal share in it. That 595a— 07 3 34 GOVERNMENT OF THE DISTRICT OF COLUMBIA. they had consuhed a number of well-informed officers of the militia, and fomid that nothing in the present state of things was to be expected from that quarter. That the militia of the city in general were not only ill provided for service, but disinclined to act upon the present occasion. That the council did not believe any exertions were to be looked for from them, except in case of further outrage and actual vio- lence to person or property. That in such case a respectable body of citizens would arm for the security of their property and of the public peace; but it was to be doubted what measure of outrage would produce this effect, and in particular, it was not to be expected merely from a repetition of the insult which had happened. The council observed that they thought it their duty to communicate their expec- tations with candor, and passed from the subject of the practicability of vigorous measures to the policy of them. They stated, that General St. Clair, with the appro- bation of several members of Congress and of council, had, by a declaration in writing, permitted the mutineers to choose a committee of commissioned officers to represent their grievances to council, and had authorized them to expect that a con- ference would be allowed for that purpose. That it was said the mutineers began to be convinced of their error and were preparing submissions. That from the steps which had been taken the business seemed to be in a train of negotiation, and that it merited consideration, how far it would be prudent to terminate the matter in tliat way rather than employ coercive means. The committee remarked, with respect to the scruple about giving an answer in writing, that they could not forbear differing in opinion as to its propriety. That nothing was more common than written communications between executives of the different States and the civil and military officers acting under the authority of the United States; that for a much stronger reason there was a propriety in this mode of transacting business between the council and a committee of the body of Con- gress. That, indeed, it would be conformable to the most obvious and customary rules of proceeding, and that the importance of the present occasion made it desira- ble to give every transaction the greatest precision. With respect to the practicability of employing the militia, the committee observed that this was a point of which the council was alone competent to judge. That the duty of the committee was performed in explicitly signifying the expectations of Congress. And with respect to the policy of coercion the committee remarked that the measures taken by Congress clearly indicated their opinion, that the excesses of the mutineers had passed the bounds within which a spirit of compromise might consist with the dignity and even the safety of government. That impunity for what had happened might encourage to more flagrant proceedings, invite others to follow the example, and extend the mischief. That the passiveness of conduct observed toward the detachment which had mutinied at Lancaster, and come to the city in defiance of their officers, had, no doubt, led to the subsequent violences. That these consid- erations had determined Congress to adopt decisive measures. That besides the application to the State in which they reside, for its immediate support, they had not neglected other means of ultimately executing their purpose, but had directed the commander in chief to march a detachment of troops towards the city. That whatever moderation it might be prudent to exercise toward the mutineers when they were once in the power of government, it was necessary, in the first instance, to place them in that situation. That Congress would probably continue to pursue this object unless it should be superseded by unequivocal demonstrations of sub- mission on the part of the mutineers. That they had hitherto given no satisfactory evidence of this disposition, having lately presented the officers they had chosen to represent their grievances with a formal commission in writing, enjoining them, if necessary, to use compulsory means for redress, and menacing them with death in case of their failing to execute their views. GOVEEISTMENT OF THE DISTBIOT OF COLUMBIA. 35 Under this state of things the committee could not forbear suggesting to the council that it would be expedient for them so to qualify the reception which they should think proper to give to any propositions made by the mutineers as not to create embarrassment, should Congress continue to act on the principle of coercion. The committee, finding that there was no satisfactory ground to expect prompt and adequate exertions on the part of the executive of this State for supporting the public authority, were bound by the resolution under which they acted to advise the President to summon Congress to assemble at Princeton or Trenton on Thursday, the 26th instant. Willing, however, to protract the departure of Congress as long as they could be justified in dbing it, still hoping that further information would produce more deci- sive measures on the part of the council, and desirous of seeing what complexion the intimated submissions would assume, they ventured to defer advising the removal till the afternoon of the day following that on which the answer of the council was given. But having then received no further communications from the council, and having learnt from General St. Clair that the submissions proposed to be offered by the mutineers, through the officers they had chosen to represent them, were not of a nature sufficiently explicit to be accepted or relied on. That they would be accompanied by new demands to which it would be improper to listen; that the officers themselves composing the committee had shown a mysterious reluctance to inform General St. Clair of their proceedings — had refused, in the first instance, to do it, and had afterwards only yielded to a peremptory demand on his part. The committee could no longer think themselves at liberty to delay their advice for an adjournment, which they this day accordingly gave, persuaded at the same time that it was necessary to impress the mutineers with a conviction that extremities would be used against them before they would be induced to resolve on a final and unreserved submission. Philadelphia, June 24th, 1783. The letter to his excellency the president of the supreme executiv^e council of Pennsylvania: Sir: We have the honor to enclose for your excellency and the council a copy of the resolutions communicated in our conference yesterday. Having then fully entered into all the explanations which were necessary on the subject, we shall not trouble your excellency with a recapitulation; but as the object is of a delicate and important nature, we think it our duty to request the determination of the council in writing. We have the honor to be, with perfect respect, your excellency's most obedient servants. Philadelphia, June 23, 1783. Wednesday, July 2, 1783.~A letter of the 24th of June, from his excellency W. Livingston, governor of the State of New Jersey, was read, whereupon it was — Resolved, That the president inform his excellency, the governor of New Jersey, that Congress entertain a high sense of the spirit and attachment of the citizens of New Jersey to the Federal Union, and of the sentiments expressed by his excel- lency; and are happy that events have rendered the call of the citizens into service unnecessary. An address of the governors and masters of the college was read, offering to Congress the use of the hall, librar}^ room, and every other 36 GOVEKNMENT OF THE DISTEICT OF COLUMBIA. convenience that the college in its present situation can afford; where- upon it was — Resolved, That the President inform the governors and masters of the college that Congress entertain a proper sense of their oliliging offer, and accept the use of such parts of the college as are immediately necessary for their sessions, and for the officers attending them dumng their stay at Princeton. Resolutions were also passed by the inhabitants of Trenton, Prince- ton, and Newark, and their vicinities, to support order and g-ood government, which received the approbation of Congress. Monday^ July ^6", 1783. — An address from the citizens of Philadel- phia, and the liberties thereof, having been received and read it was — Resolved, That the President inform the citizens of Philadelphia, and its liberties, in answer to their respectful and affectionate address, that the United States, in Congress assembled, have great satisfaction in reviewing the spirited and patriotic exertions which have been made by the government and citizens of Pennsylvania, in the course of the late glorious war; and that they are highly pleased with the reso- lution, expressed by the citizens of Philadelphia, to aid in all measures which may have a tendency to support the national honor and dignity. Friday., August 1, 1783. — K motion was made by Mr. Read, of South Carolina: That on the eighth of August instant, the President shall adjourn Congress to meet at Philadelphia on the twelfth of August instant, there to continue until the last Monday in October next, at which time the President shall adjourn Congress to meet at Annapolis on the Friday following, unless Congress shall, before that time, have determined otherwise. And upon the question whether the words which follow "twelfth" shall stand, one State voted in the affirmative, three In the negative, four were divided, and five were not represented; so that the words of limitation were stricken out, and the further consideration of the question postponed to the 6th. Wednesday^ August 13., 1783. — Agreeable to the order of the day. Congress took into consideration a motion made by Mr. Howell, of Rhode Island, seconded b}^ Mr. Bland, of Virginia, in words following: Resolved, That on the 15th instant, the Presitlent ay the old Congress to view the banks of the Potomac. Mr. Seney, of Maryland, observed that the State of Maryland was as much divided on the subject as the United States seemed to be. A great rivalship exists between the Potomac and Susquehanna rivers. Pennsylvania and Marj^land had given the preference to the Susque- hanna. He agreed that Pennsylvania, Marj^land, and Virginia were the only States who could make any reasonable pretensions for the seat of government, but a majority of voices from these States had been against the Potomac. Mr. Scott, of Pennsylvania, said that from the town of Baltimore there is no water conveyance to the interior countr}", but from the proposed place on the Potomac there are 200 miles navigation directly into the heart of the country. Mr. Madison contended that Baltimore offered no advantages which were not common to the Potomac, and that in regard to centrality, security from invasion, and relation to the western country, the Potomac had greatly the advantage. In answer to the fears of some, that a future Congress would repeal the act, he flattered himself that some respect would be paid to the public interest and the plighted faith of the Government. He urged the friends of the bill not to put it in hazard by consenting to any amendment. Mr. Gerry regretted that the subject had been brought forward, "for it is very evident that it has had a very pernicious influence on the great business of funding the public debt." He said that it had been promised to New York that this place (New York) should be the temporary residence of Congress, and on this engagement the}^ came into an unconditional adoption of the Constitution. Mr. Vining, of Delaware, said: We are sent liere to do the public business, anil I trust that our constituents have not sent men that are to be deterred from doing their duty by such insidious insin- uations, such ill-founded suggestions of deceiving and deluding the citizens of this place. He imputed the embarrassments of the public business to the assumption of the State debts, and not to the subject of residence. Wednesday, July 7, 1790. — In Committee of the Whole, Mr. Smith, of South Carolina, and several other members expressed their appre- hensions that if Congress should remain ten years in Philadelphia the seat of government would never be removed. 74 GOVERNMENT OF THE DISTRICT OF COLUMBIA. ISIr. Sherman's motion to substitute Baltimore for the Potomac was negatived— 37 to 23. Mr. Burke then made the following motion: That the seat of gov- ernment should remain in New York two years from last May; and from the expiration of that time to the j^ear 1800, that the seat of govern- ment should remain in Philadelphia. This resolution was laid on the table. ]\Ir. Sedgwick, of Massachusetts, moved to substitute "Delaware" for "Potomac.'" Negatived without debate. ^Vlr. Seney moved that the permanent residence should be fixed l)etween the Potomac and the Susquehanna. Negatived without a division. Mr. Gerry moved to amend the clause so as to include the town of Alexandria. This motion was also lost. A motion by Mr. Smith, of Maryland, to insert the word "locate," was also lost; as was also a motion made by Mr. Lawrence, of New York, to substitijte 1795 for 1800. Tuesday^ July 5, 1790. — Mr. Burke, of South Carolina, then moved the following amendment: Be it further enacted, That the city of New York shall be seat of the government of the United States until the day'of ; and that thereafter, as soon as the same may be conveniently done, all the offices attached to the seat of the Govern- ment of the United States shall be removed to the city of Philadelphia, in the State of Pennsylvania, which shall thenceforth be the seat of said Government until the day of . This motion was lost — 32 to 28. Mr. Smith, of South Carolina, moved the words "at which place the ensuing session of Congress shall be held" should be erased, on the ground that the clause would limit the constitutional right of the two Houses to adjourn without the consent of the President. This motion being negatived, the committee rose and reported the bill without amendment. J^r/'day, July 9, 1790. — Mr. Boudinot moved to substitute "Dela- ware " for "Potomac." Negatived, 39 to 22. Mr. Ames, of Massachusetts, moved to strike out "Potomac" and insert "Georgetown, in Pennsylvania." Negatived, 39 to 22. Mr. Smith, of Maryland, moved to strike out "Potomac," etc., and insert the words "between the rivers Susquehanna and Potomac, as the most healthy and convenient place, having due regard to the navi- gation of the Atlantic Ocean and the situation of the Western terri- tory.". Negatived, 36 to 25. Mr. Lawrence moved to substitute " Baltimore" for "the Potomac." The question was divided and the motion to strike out was negatived, 31 to 26. Mr. Gerry moved to strike out of the third section the words "pur- chase or." Negatived, 35 to 26. GOVERISTMENT OF THE DISTRICT OF COLUMBIA. 75 Mr. Gei-ry then moved to amend the third section b}- inserting- after the word "purchase" the words "with such mone}' only as may be granted to the President of the United States in the manner herein- after provided." Negatived, 33 to 26. Mr. Lawrence moved to add these words, '"'' Provided, That the pur- chases and buildings aforesaid shall not exceed the sum of dol- lars. Negatived, 32 to 26. Mr. Gerry then moved to strike out the words "three Commission- ers or any two of them. Lost. Mr. Tucker, of South Carolina, moved to strike out the fifth section (respecting the removal of the public oifices). Negatived, 33 to 28. Mr. Burke moved to substitute "May, 1792," for "December, 1790," in the fifth section. Lost, 32 to 28. Mr. Sherman moved to substitute "May," for *' December," in the fifth section. Lost, 33 to 28. Mr. Smith, of South Carolina, moved to strike out of the fifth sec- tion the words "at which place the session of Congress next ensuing the present shall be held." Lost, 33 to 26. Mr. Smith, of Maryland, moved to amend the fifth section bj" adding the following, viz: Proiided nevertheless, That whenever the President of the United States shall receive authentic information that the luiblic buildings aforesaid are so far completed as to be fit for the reception of both Houses of Congress all offices attached to the seat of government shall be removed thereto, anything herein contained to the contrary notwithstanding. Negatived, 18 to 13. The bill was then passed, without amendment — ayes, 32; noes, 29. Ayes — Ashe, Baldwin, Bloodworth, Brown, Cadwalader, Carroll, ('lymer, ('oles, Contee, Fitzsimons, Gale, Grifiin, Hartly, Heister, Jackson, Lee, Madison, Matthews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumter, Vining, White, Wil- liamson, W3"nkoop — 32. Noes — Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Gil- man, Goodhue, Grout, Hathorn, Huntington, Lawrence, Leonard, Livermore, Partridge, Rensselaer, Schureman, Sedgwick, Seney, Sher- man, Silvester, Smith of Maryland, Smith of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wadsworth— 29. The bill was approved by the President on the 16th of July, 1790. 3fo7iday, April 7, 1800. — "An act to make further provision for the removal and accommodation of the Government of the United States" was read the third time in the House of Representatives. Passed — 47 to 33, and sent to the Senate for concurrence^ House, Wednesdmj, April 16, 1800. — Messrs. H. Lee, Craik, Evans, Dennis, and Marshall were appointed a committee to prepare and report a system of rules and regulations respecting the Territor}^ of Columbia. This committee did not report. 76 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Senate^ Thursday^ April 17, 1800. — The bill "to make further pro visions," etc., was passed by the Senate with amendments — IS to 10. Yeas — Anderson, Baldwin, Bloodworth, Chipnian, Cocke, Dexter, Foster, Franklin, Greene, Gunn, Langdon, Lloyd, Marshall, Mason, Nicholas, Finkney, Read, and Tracy — 18. Noes — Bingham, Brown, Goodhue, Hillhouse, Latimore, Lawrence, Livermore, Ross, Schureman, and Wells — 10. The House agreed to the amendment, and the bill w as approved on the 21th of April, 1800. On the 13th of May, 1800, the President approved an act directing that the next session of Congress should be holden at the city of Washington on the third Monday of November, 1800. This bill, which originated in the Senate, was ordered to a third reading in the House on Friday, May 9, 1800, by the casting vote of the Speaker, the House being divided — 32 to 32. On the third reading the bill was passed, -11 to 35, On the 22d of November, 1800, the President (Mr. John Adams), in his speech at the opening of Congress, said: I congratulate the people of the United States on the assembling of Congress at the permanent seat of their Government, and I congratulate you, gentlemen, on the prospect of a residence not to be changed. It is with you, gentlemen, to consider whether the local powers over the District of Columbia, vested by the Constitution in the Congress of the United States, shall be immediately exercised. If, in your opinion, this important trust ought now to be executed, you can not fail, while per- forming it, to take into view the future probable situation of the territory for the happiness of which you are about to provide. You will consider it as the capital of a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, and in population, and possessing within itself those energies which, if not thrown away or lamentably misdirected, will secure to it a long course of prosperity and self-government. The House of Representatives, in their answer to the speech, say: The final establishment of the seat of National Government, which has now taken place in the District of Columbia, is an event of no small importance in the political transactions of our country. A consideration of those powers which have been vested in Congress over the District of Columbia will not escape our attention, nor shall we forget that in exercising these powers a regard must be had to those events which will necessarily attend the capital of America. Wednesday., December 31., 1800. — On a motion to recommit the bill concerning the District of Columbia, Mr. Harper (in reply to an obser- vation that the people of the District had continued for one hundred years to live happily under their respective State governments, and therefore it was not necessary for Congress to legislate at all on the subject) said: But the provision of the Constitution on this subject had not been made with this view. It was made to bestow dignity and independence on the Government of the Union. It was to protect it from such outrages as had occurred when it was differ- ently situated, when it was without competent legislative, executive, and judicia' GOVERNMENT OF THE DISTRICT OF COLUMBIA. 77 power to insure to itself respect. While the government was under the guardianshi'p of State laws, those laws might be inadequate to its protection, or there might exist a spirit hostile to the General Government, or, at any rate, indisposed to give it proper protection. This was one reason, among others, for the provisions of the Constitution confirmed and carried into effect by the acts of Maryland and Virginia, and by the act of Congress. The bill was recommitted to Messrs. H. Lee, Evans, Craik, Bird, Silas Lee, Chauncey Goodrich, and Dennis. This committee did not report upon that bill, it having been super- seded by a bill with the same title, which originated in the Senate and which was brought to the House on the 5th of February, 1801, and committed to a committee of the whole House, where it was amended and passed, with the amendment, b}^ the House, on the 23d, and returned to the Senate, who agreed to the amendments on the 26th; and the bill was signed by the President on the 27th. Notwithstanding the seat of (lovernment was thus fixed, the public offices removed, and Congress had exercised its exclusive legislation over the District, a motion was made on the 8th of February, 1803, in the House of Representatives, by Mr. Bacon (of Massachusetts) that it be — Resolved, That it is expedient for Congress to recede to the State of Virginia the jurisdiction of that part of the Territory of Columbia which was ceded to the United States by the said State of Virginia by an act passed the 3d of December, 1789, entitled, etc., provided the said State of Virginia shall consent and agree thereto. Resolved, That it is expedient for Congress to recede to the State of Maryland the jurisdiction of that part of Columbia which was ceded to the United States by the said State of Maryland by an act passed the 19th of December, 1791, entitled "An act concerning the Territory of Columbia and the city of Washington;" provided the said State of Maryland should consent and agree thereto. This motion was referred to a committee of the whole House immediately. The rea.sons urged in favor of these resolutions were — 1. That exclusive jurisdiction is not necessary nor useful to the Government. 2. That it deprives the inhabitants of the District of their political rights. 3. That much of the time of Congress was consumed in legislating for the District. 4. That the government of the District is expensive. 0. The incompetency of Congress to legislate for the District, because the members are strangers to its local concerns. 6. It is an example of a government without representation, an experiment dangerous to the liberties of the States. In answer to these reasons it was said: 1. That the Constitution and the acts of cession of the States of Maryland and Virginia and the act of Congress accepting the cession 78 GOVERNMENT OF THE DISTEICT OF COLUMBIA. all contemplate the exercise of exclusive legislation b}^ Congress; and its u.>efulness, it" not its necessitj^, is inferred from the inconv^enience which was felt b}^ the Congress of the Confederation for want of it. 2. That the people themselves, who are said to be deprived of their political rights, have not complained and do not desire a recession. The evil may be remedied b}?^ giving them a representation in Congress when the District shall become sufficiently populous, and in the mean- time a local legislature. If they have not political rights, the}^ have great political influence. 3. The trouble and expense of legislating for the District will not be great, and will diminish, and may in a great measure be avoided by a local legislature. 4:. That Congress having accepted the cession can not divest itself of the right of exclusive jurisdiction and retain its seat of government. 5. That Congress can not recede the inhabitants without their consent. 6. If the District should be receded, there would be no obligation upon the Government to remain in this place. 7. By accepting the cession and exercising exclusive legislation a contract was entered into between the ceding States, the Congress, and the people of the District which could not be dissolved but by the consent of all the parties. After two days' debate the committee, on the 9th of February, reported their disagreement to the resolutions, and the House con- curred in the report — 6Q to 26. Notwithstanding this decided rejection of these resolutions, they were renewed at the next session by Mr. Dawson, in the House, on the 17th of March, 1804. The city of Washington, however, was excepted from their operation. On the same day Mr. Wright, in the Senate, brought in a bill for the temporary removal of the public offices to Baltimore, and for the session of Congress at that place. Mr, Dawson's resolutions were referred to a committee of the whole House. On the 23d of March the House refused to go into committee upon them, and they were postponed to the first Monda}" in December, i. e., rejected by a large majorit}', and without debate. In the Senate, on Monday, the 19th of March, Mr. Wright himself moved that the further consideration of the bill which he had intro- duced on the I7th should be postponed to the first Monday of May (a day after the end of the session), intimating that it was not his inten- tion that the bill should be passed, but that it should operate as a stimulus to the inhabitants of the city to exert themselves in providing more convenient accommodations for the members of Congress. GOVEENMENT OF THE DISTRICT OF COLUMBIA. 79 Gen. James Jackson, of Georgia, in reply, denied the right of Con- gr-ess to remove the seat of government, which had been fixed under the provisions of the Constitution. He observed that it had already- cost the nation the assumption of the State debts to the amount of twenty-one millions of dollars, besides one or two millions for the public accommodation. That Congress could not remove without a violation of the Constitution, and of the public faith, and without indemnifying the proprietors of property in the District. He said he should vote against the postponement under the expectation that the Senate would take up the bill and reject it by a majority so great that no similar proposition should ever be brought befpre them, Mr. Anderson, of Tennessee, considered Congress as having the constitutional power of altering the seat of government, and thought it expedient to remove from Washington and to indemnify the inhabitants. Mr. Cocke, of Tennessee, was of opinion that the permanent seat of the Government was fixed under the Constitution and that Congress had not the power to alter it. Mr. Adams, of Massachusetts, also contended strenuously against the right of Congress to remove the seat of Government. To do so would be to prostrate the national faith and to shake the confidence of the nation in the Government. The question of postponement was then taken and decided in the negative, 24: to 3. Mr. Da3^ton, of New Jersej", said that he had been instructed by the legislature of New Jersey, in case any prospect presented itself of a removal of the seat of Government, to offer in their name the public buildings in Trenton for their accommodation. He therefore gave notice that in case the bill should go to a third reading he should pro- duce his instructions and move to substitute Trenton for Baltimore. At the same time he declared his opinion of the impolicy of the pro- posed measure. The provision in the Constitution had arisen from an experience of the necessity of establishing a permanent seat for the Government. To avert the evils arising from a perpetual state of mutation, and from the agitation of the public mind whenever the question was discussed, the Constitution had wisely provided for the establishment of a permanent seat, vesting in Congress exclusive legis- lation over it. He admitted that there might be reasons which would justify a removal, such as great insalubrity of climate, or very great inconvenience in transacting the public business, or a turbulent spirit in the inhabitants endangering the safet}^ of Congress, or a determined resolution, arising from a dissatisfaction with the government of Con- gress, expressed in favor of a recession. He did not, however, appre- hend that any of these reasons would occur. 80 GOVEENMENT OF THE DISTKICT OF COLUMBIA. On the motion of Mr, Maclay, of Pennsylvania, the words " Balti- more "and '• Maryland" were stricken out of the first section, and after further argument the bill was negatived, 19 to 0. On Wednesday, the 12th of February, 1806, Mr. Smilie, of Pennsyl- vania, offered in the House of Representatives two resolutions for re-ceding the District of Columbia, similar to those which had been offered by Mr. Bacon on the 8th of February, 1803. These resolutions were referred to a Committee of the Whole House, and made the order of the day for the following Monday, but were never afterwards considered. On Monday, the 26th of September, 1814, immediately after the burning of the Capitol and public offices by the British, Mr. Fisk, of New York, proposed in the House of Representatives the following resolution: Resolved, That a committee be appointed to inquire into the expediency of remov- ing the seat of Government during the present session of Congress to a place of greater security and less inconvenience than the city of Washington, with leave to report by bill or otherwise. This resolution was agreed to — 72 to 51. On Monday, October 3, the committee reported that it was inex- pedient to remove the seat of government at this time from the city of Washington. Upon the motion of Mr. Fisk, the word "expedient" was substi- tuted for "inexpedient," by the casting vote of the Speaker (Mr. Cheves), the House being divided — 68 to 68. The reason which he gave was that this District could not be defended except at an immense expense. The report, as amended, was then referred to a Committee of the Whole House and made the order of the day for the 4th of October, when a motion by Mr. Newton of Virginia to postpone the subject indefinitely was lost — 77 to 61; and on the 6th the resolution, as amended, was agreed to — 72 to 71, and a committee was appointed to bring in a bill accordingly, who reported on the 13th. On the 15th the bill was rejected — ^^3 to 71. If the vote had been taken by States, Delaware and all the States east of Delaware would have been in favor of removal and the other States against it, except- ing Kentucky, which was equally divided. There being then 18 States in the Union, the 9 Eastern States would have carried the bill through the House. The debate upon this subject was maintained for several days by Mr. Pearson of North Carolina (one of whose speeches will be found in the National Intelligencer of November 5, 1811), Mr. Johnson of Kentucky, Mr. Forsyth, Mr. Hawkins, Mr. Macon, Mr. Fisk of Ver- mont, and Mr. Rhea against the removals; and Mr. Stockton, Mr. Grosvenor, Mr. Sharpe, INIr. Bo wen, Mr, Ingersoll, and Mr. Fisk of York in favor of it. This debate, with the exception of Mr. Pearson's speech, has not been published. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 81 The last proposition wliich has been made for receding any portion of the District was made by Mr. Darlington, in the House of. Repre- sentatives on the 6th of January, 1820, in the following words: Whereas there appears to be considerable dissatisfaction among the inhabitants of the District of Columbia, who reside without the limits of the city of Washington, on account of the inconveniences to which they are subjected by the present mode of government in said District; and, Whereas it is desirable that Congress should, as far as practicable, be relieved from the duty of legislating in cases where it is at once burthensome in itself and unaccept- able to the people: Therefore, Resolved, That the Committee for the District of Columbia be instructed to enquire into the expediency of retroceding and restoring to the States of Maryland and Vir- ginia, respectively, all such portions of the territory of said district, not included within the limits of the city of Washington, as were derived from those States. But the House refused to consider the resolution. Appendix 2. AN ACT for establishing the temporary and permanent seat of the Government of the United States. Section 1. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled^ That a district of territory, not exceeding ten miles square, to be located as hereafter directed on the river Potomac, at some place between the mouths of the Eastern Branch and the Connogochegue, be, and the same is hereby, accepted for the permanent seat of the government of the United States: Provided nevertheless, That the operation of the laws of the State within such district shall not be affected b}^ this acceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide. Sec. 2. And be it further enacted, That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may be necessary, three commissioners, who, or any two of whom, shall, under the direction of the President, surve}^, and b}^ proper metes and bounds define and limit a district of territory, under the limitations above mentioned; and the district so defined, limited, and located shall be deemed the district accepted by this act for the per- manent seat of the government of the United States. Sec. 3. And he it [further) enacted^ That the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the President shall deem proper for the use of the United States and according to such plans as the President shall approve, the said com- missioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable 595 A— 07 -6 82 GOVERNMENT OF THE DISTRICT OF COLUMBIA. buildings for the accommodation of Congress and of the President, and for the public offices of the government of the United States. Sec. 4. And he it {further) enacted^ That for defraying the expense of such purchases and buildings, the President of the United States be authorized and requested to accept grants of money. Sec. 5. And he it {farther) enacted, That prior to the first Monday in December next, all offices attached to the seat of the government of the United States, shall be removed to, and until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the State of Pennsylvania, at which place the session of Congress next ensuing the present shall be held. Sec. 6. And he it {further) enacted^ That on the said first Monday in December, in the year one thousand eight hundred, the seat of the Government of the United States shall, by virtue of this act, be trans- ferred to the district and place aforesaid. And all offices attached to the said seat of Government, shall accordingly be removed thereto by their respective holders, and shall, after the said day, cease to be exer- cised elsewhere; and that the necessary expense of such removal shall be defrayed out of the duties on imposts and tonnage, of which a suffi- cient sum is hereby appropriated. Approved, July 10, 1790. (1 Stats., 130.) Appendix 3. AN ACT to cede to Congress a district of 10 miles square in this State (Maryland) for the seat of the Government of the United States. Approved December 23, 1788. ' Be it enacted hy the General Assemhly of Maryland^ That the rep- resentatives of this State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March next, be, and they are hereby, authorized and required, on behalf of this State, to cede to the Con- gress of the United States any district in this State not exceeding 10 miles square, which the Congress may fix upon and accept for the seat of Government of the United States. Appendix 4. AN ACT for the cession of 10 miles square or any lesser quantity of territory within this State (Virginia) to the United States in Congress assembled, for the perma- nent seat of the General Government. Approved, December 3, 1789. 1. Whereas the equal and common benefits resulting from the administration of the General Government will be best difl'used and its operations become more prompt and certain by establishing such a situation for the seat of said Government as will be most central and convenient to the citizens of the United States at large, having regard as well to population, extent of territory, and free navigation to the GOVERNMENT OF THE DISTRICT OF COLUMBIA. 83 Atlantic Ocean, through the Chesapeake Bay, as to the most direct and ready communication with our fellow citizens in the Western frontiers; and whereas it appears to this assembly that a situation combining all the considerations and advantages before recited may be had on the banks of the river Potomac, above tide water, in a country rich and fertile in soil, healthy and salubrious in climate, and abounding in all the necessaries and conveniences of life, where, in a location of 10 miles square, if the wisdom of Congress shall so direct, the States of Penns3dvania, Marj^land, and Virginia may participate in such location: 2. Be it therefore enacted hy the general assembly^ That a tract of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of this State, and in any part thereof as Con- gress may b}- law direct, shall be, and the same is, forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tetior and effect of the eighth section of the first article of the Constitution of the Government of the United States. III. Provided^ That nothing herein contained shall be herein con- strued to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred b}' such individuals to the United States. IV. And lyt'ovided also^ Tiiat the jurisdiction of the laws of this Commonwealth over the persons and property of individuals residing within the limits of the cession aforesaid shall not cease or determine until Congress, having accepted the said cession, shall by law provide for the government thereof, under their jurisdiction, in the manner provided by the article of the Constitution before recited. Appendix 5. AN ACT concerning the advance of money to the Government of the United States for public buildings. Whereas the general assemblj- of Maryland has acceded to a propo- sition of the general assembly of this Commonwealth, contained in their resolution of the tenth day of December, 1789, concerning an advance of monej^ to the General Government to be applied towards the erection of public buildings at the permanent seat of the Govern- ment of the United States, should Congress deem it expedient to fix it on the banks of the Patowmack; and whereas Congress have passed an act for establishing the said seat of government on the Patowmack — '"''Be it enacted hy the general assembly (of Virginia), That 120,000 dollars shall be advanced bv this Commonwealth to the General Gov- 84 GOVEENMENT OF THE DISTEICT OF COLUMBIA. ernment, payable in three equal yearly payments, and to be applied toward erecting public buildings at the permanent seat of government of the United States on the banks of the Patowmack, and the auditor of public accounts is hereby directed to issue his warrants on the treasurer to the amount of 120,000 dollars, payable inihe manner here- inbefore directed, to the order of the President of the United States." Passed December 27, 1790. Appendix 6. [seal.] George Washington, President of the United States. To all who shall see these presents, greeting: Know jQ, that reposing special trust and confidence in the integrity, skill, and diligence of Thos. Johnson and Daniel Carroll, of Maryland, and David Stuart, of Virginia, I do, in pursuance of the powers vested in me by the act entitled "An act for establishing the temporary and permanent seat of the Government of the United States,'- approved Jul}^ 16, 1790, hereby appoint them, the said Thomas Johnson, Daniel Carroll, and David Stuart, commissioners for surveying the district of territory accepted by the said act for the permanent seat of the Govern- ment of the United States, tmd for performing such other offices as by law are directed, with full authority for them, or any two of them, to proceed therein according to law, and to have and to hold the said office, with all the powers, privileges, and authorities to the same of right appertaining each of them, during the pleasure of the President of the United States for the time being. In testimony whereof I have caused these letters to be made patent and the seal of the United States thereto affixed. Given under my hand at the city of Philadelphia, the twenty-second day of January, in year of our Lord one thousand seven hundred and ninety-one and of the Independence of the United States the fifteenth. George Washington. By the President: Thomas Jefferson. Appendix 7. AN ACT to amend "An act for establishing the temporary and permanent seat of the Government of the United States." Be it enacted ly the Senate and House of Representatives of the United States of Atnerica in Congress assembled., That so much of the act entitled "An act for establishing the temporary and permanent seat of the government of the United States" as requires that the whole of the district of territory, not exceeding ten miles square, to be GOVERNMENT OP THE DISTRICT OF COLUMBIA. 85 located on the river Potomac, for the permanent seat of the govern- mcnt of the United States, shall be located above the mouth of the Eastern Branch, be and is hereby repealed, and that it shall be lawful for the President to make any part of the territory below the said limit, and above the mouth of Hunting Creek, a part of the said dis- trict, so as to include a convenient part of the Eastern Branch, and of the lands l3'ing on the lower side thereof, and also the town of Alex- andria, and the territory so to be included, shall form a part of the district not exceeding ten miles square, for the permanent seat of the Government of the United States, in like manner and to all intents and purposes as if the same had been within the purview of the above- recited act: Provided^ That nothing herein contained shall authorize the erection of the public buildings otherwise than on the Maryland side of the river Potomac, as required by the aforesaid act. Approved March 3, 1791. (1 Stats., 214.) Appendix 8. On March 28, 1791, President Washington reached Georgetown, and on the 29th he rode over the proposed site of the Federal cit}-, in company with the three Commissioners and the two surveyors, Andrew Ellicott and Maj. Peter Charles L'Enfant. On the evening of the same day a meeting was held for the purpose of effecting a friendly agreement between the proprietors of the lands constituting the site of the Federal city and the United States commis- sioners, and Washington's good counsel on that occasion had so favor- able an effect that the general .features were settled that very evening for the agreement, which was signed and executed by nineteen property holders the next day, and thereby the rights of and titles to property within this District and city may be said to have been decided on that evening. This agreement, which was accepted b}^ the Commissioners and recorded in their books on April 12, 1791, was as follows: We, the subscribers, in consideration of the great benefits we expect to derive from having the Federal city laid off upon our lands, do hereby agree and bind ourselves, heirs, executors, and administrators, to convey, in trust, to the President of the United States, or commissioners, or such person or persons as he shall appoint, by good and sufficient deeds, in fee simple, the whole of our respective lands which he may think proper to include within the lines of the Federal city, for the purposes and on the conditions following: The President shall have the sole power of directing the Federal city to I)e laid off in what manner he pleases. He may retain any number of squares he may think proper for public improve- ments, or other public uses; and the lots only which shall be laid off shall be a joint property between the trustees on behalf of the public and each present proprietor, 86 GOVERNMENT OF THE DISTRICT OF COLUMBIA. and the same shall be fairly and equally divided between the public and the indi- viduals, as soon as may be, the city shall be laid off. For the streets the proprietors shall receive no compensation; but for the squares or lands in any form, which shall be taken for public buildings, or any kind of pub- lic improvements or uses, the proprietors whose lands shall be taken shall receive at the rate of 25 pounds per acre, to be paid by the public. The whole wood on the lands shall be the property of the proprietors, and should any be desired by the President to be reserved or left standing, the same shall be paid for by the public at a just and reasonable valuation, exclusive of the £25 per acre to be paid for the land on which the same shall remain. Each proprietor shall retain the full possession and use of his land until the same shall be sold and occupied by the purchase of the lots laid out thereon, and in all cases where the public arrangements as the streets, lots, etc., will admit of it, each proprietor shall possess his buildings and other improvements and graveyards, pay- ing to the public only one-half the present estimated value of the land, on* which the same shall be, or £12 lOsh. per acre; but in cases where the arrangements of the streets, lots, squares, etc., will not admit of this, and it shall become necessary to remove such buildings, etc. , the proprietors of the same shall be paid the reasonable value thereof by the public. Nothing herein contained shall affect the lots any of the parties to this agreement may hold in the towns of Hamburgh or Carrolsburg. In witness whereof we have hereunto set our hands and seals this 30th day of March, in the year of our Lord 1791. Robert Peter. [seal.] David Burnes. [seal.] Jas. M. Lingan. [seal.] Uriah Forrest. [seal.] Benjamin Stoddert. [seal.] NoTLEY Young. [seal.] Daniel Carroll of Duddington. [seal.] Overton Carr. [seal.] Thomas Beale of George. [seal.] Chas. Beatty. " [seal.] Anthony Holmead. [seal.] Wm. Young. [seal.] Edward Pierce. [seal.] Abraham Young. [seal.] Jas. Pierce. [seal.] Wm. Prout. [seal.] Robert Peter, [seal.] As Attorney in Fact for Eliphas Douglass. Benjamin Stoddert, [seal.] For Jas. Warren, by written authority from W. Warren. Wm. King. [seal.] Signed and sealed in presence of Mr. Thomas Beale, making an exception of the land he sold A. C. Young not yet conveyed. Witness to all subscribers, including Wm. Young. Wm. Bailey. Wm. Robertson. John Luter. Sam. Davidson (witness to Abraham Young signing). Benjamin Stoddert (witness to Pierce's signing). Joseph E. Rowles (for Jno. W^arring). Wm. Deaking, Jr. (for Wm, Prout and Wm. King). GOVERNMENT OF THE DISTRICT OF COLUMBIA. 87 Appendix 9. Whereas, by proclamation bearing date the 24th day of Jan., of this present year, and in pursuance of certain acts of the States of Mar}'^- land end Virginia and the Congress of the United States, therein mentioned, certain lines of experiment were directed to be run in the neighborhood of Georgetown, in Maryland, for the purpose of locat- ing a part of the territory of ten miles square, for the permanent seat of government of the United States, and a certain part was directed to be located within the said lines of experiment on both sides of the Potomac, and above the limits of the Eastern Branch, prescribed by the said act of Congress; And Congress, by an amendatory act, passed on the 3d day of this present month of March, have given further authority to the President of the United States " to make any jMi^t of the said territory helow the said limit and ahove the mouth of Hunting Creek a jpart of said district^ so as to include a convenient part of the Eastern Branch, and of the lands lying on the lower side thereof, and also the town of Alexandria :'^^ Now, therefore, for the purpose of amending and completing the location of the whole of said territor}^ of ten miles square, in conform- ity with the said amendatory act of Congress, I do hereby declare and make known that the whole of the said territory shall be located and included within the four lines following, that is to say: Beginning at Jones's Point, being the upper cape of Hunting Creek, in Virginia, and at an angle in the outset of forty-five degrees west of the north, and running in a direct line ten miles, for the first line; then beginning again at the same Jones's Point, and runnina' another direct line, at a right angle with the first, across the Potomac ten miles, for the second line; thence from the termination of said first and second lines, running two other lines of ten miles each, the one crossing the Eastern Branch aforesaid and the other the Potomac, and meeting each other in a point. And 1 do accordingly direct the commissioners named under the authority of the said first-mentioned act of Congress to proceed forth- with to have the said four lines run, and by proper metes and Ijounds defined and limited, and thereof to make due report, under their hands and seals; and the territory so to be located, defined, and limited shall be the whole territory accepted by the said act of Congress as the dis- trict for the permanent seat of the Government of the United States. In testimony whereof I have caused the seal of the United States to be afiBxed to these presents, and signed the same with my own hand. Done at Georgetown aforesaid the 30th day of March, in the year of our Lord 1791, and of the Independence of the United States the fifteenth, [seal.] George Washington. By the President: Thomas Jefferson. 88 GOVERNMENT OF THE DI3TEICT OF COLUMBIA. Appendix 10. In pursiuuicc of the act of 16th of July, 17U0, three commissioners were appointed, who proceeded to locate the district of 10 miles square agreeably to the following proclamation of the President: By the President of the United States of America. A PROCLAMATION. Whereas the general assembly of the State of Maryland, by an act passed on the 23d da}- of December, 1788, entitled, "An act to cede to Congress a district of ten miles square in this State for the seat of Government of the United States," did enact, that the representatives of the said State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March then next ensuing, should be, and they were thereby, authorized and required, on the behalf of the said State, to cede to the Congress of the United States any district in the said State not exceeding ten miles square, which the Congress might fix upon and accept for the seat of Government of the United States. And the general assembl}" of the Commonwealth of Virginia, by an act passed on the 3d day of December, 1789, and entitled "'An act for the cession of ten miles square, or any lesser quantity of territory within this State, to the United States in Congress assembled, for the permanent seat of the General Government, "did enact, that a tract of country not exceeding ten square miles, or any lesser quantit}", to be located within the limits of the said State, and in any part thereof, as Congress might by law direct, should be and the same was thereby forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right, and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of Government of the United States: And the Congress of the United States, b}" their act passed the 16th day of July, 1790, and entitled "An act for establishing the tempo- rary and permanent seat of the Government of the United States," authorized the President of the United States to appoint three com- missioners to survey under his direction, and by proper metes and bounds to limit a district of territory not exceeding ten miles square on the river Potomac, at some place between the mouth of the Eastern Branch and Conococheague, which district, so to be located and limited, was accepted b}^ the said act of Congress as the district for the permanent seat of the Government of the United States. GOVERNMENT OF THE DISTEICT OF COLUMBIA. 89 Now, therefore, in pursuance of the powers to me confided, and after (Uily examining and weighing- the advantages and disad\antages of the several situations within the limits aforesaid, I do hereby declare and make known that the location of one part of the said dis- trict of ten miles square shall be found by running four lines of exper- iment in the following manner, that is to say: Running from the court-house of Alexandria, in Virginia, due southwest half a mile, and thence a due southeast course till it shall strike Hunting Creek, to fix the beginning of the said four lines of experiment. Then beginning the first of the said four lines of experiment at the point on Hunting Creek, where the said southeast course shall have struck the same, and running the said first line due northwest ten miles; thence the second into Maryland, due northeast ten miles; thence the third line due southeast ten miles; and thence the fourth line due southwest ten miles, to the beginning- on Hunting Creek. And the said four lines of experiment being so run, 1 do hereby declare and make known that all that part within the said four lines of experiment which shall be within the State of Maryland, and above the Eastern Branch, and all that part within the same four lines of experiment which shall be within the Commonwealth of Virginia, and above a line to be run from the point of land forming the Upper Cape of the mouth of the Eastern Branch due southwest, and no more, is now fixed upon, and directed to be surveyed, defined, limited, and located for a part of the said district accepted by the said act of Con- gress for the permanent seat of the Government of the United States; hereby expressly reserving the direction of the survey and location of the remaining part of the said district, to be made hereafter contiguous to such part or parts of the present location as is or shall be agreeably to law. And I do accordingly direct the said commissioners, appointed agreeably to the tenor of the said act, to proceed forthwith to run the said lines of experiment, and, tne same being run, to survey and, by proper metes and bounds, to define and limit the part within the same which is hereinbefore directed for immediate location and accept- ance, and thereof to make due report to me under their hands and seals. In testimony wheret>f I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. Done at the cit}" of Philadelphia the 24th day of January, in the year of our Lord 1791, and of the Independence of the United States the fifteenth. George Washington. By the President: Thomas Jefferson. 5*0 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Appendix 10a. By the President of the United States. A PROCLAMATION. Whereas by a proclamation bearing date the 24th day of January of this present year, and in pursuance of certain acts of the States of Maryland and Virginia and of the Congress of the United States therein mentioned, certain lines of experiment were directed to be run in the neighborhood of George Town, in Maryland, for the purpose of determining the location of a part of the territory of ten miles square for the permanent seat of government of the United States, and a certain part was directed to be located within the said lines of experiment on both sides of the Potomac and above the limit of the Eastern Branch, prescribed by the said act of Congress; And Congress, by an amendatory act passed on the 3:1 day of this present month of March, have given further authority to the Presi- dent of the United States "to make any part of the said territory below the said limit and above the mouth of Hunting Creek a part of the said district, so as to include a convenient part of the Eastern Branch and of the lands lying on the lower side thereof, and also the town of Alexandria;" Now, therefore, for the purpose of amending and completing the location of the whole of the said territory of ten miles square, in conformity with the said amendatory act of Congress, I do hereby declare and make known that the whole of the said territory shall be located and included within the four lines following, that is to say: Beginning at Jones' Point, being the upper cape of Hunting Creek, in Virginia, and at an angle in the outset of 45 degrees west of the north, and running in a direct line ten miles for the first line; then beginning again at the same Jones' Point, and running another direct line at a right angle with the first across the Potomac ten miles for the second line; then from the terminations of the said first and second lines running two other direct lines of ten miles each, the one across the Eastern Branch aforesaid and the other the Potomac, and meeting each other in a point. And I do accordingly direct the commissioners, named under the authority of the said first mentioned act of Congress, to proceed forth- with to have the said four lines run, and by proper metes and bounds defined and limited, and thereof to make due report under their hands and seals; and the territory so to be located, defined, and limited shall be the whole territory accepted by the said act of Congress as the district for the permanent seat of the Government of the United States. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 91 In testimony whereof 1 have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. Done at George-Town aforesaid, the 30th day of March, in the year of our Lord 1791, and of the Independence of the United States the fifteenth. George Washington. By the President: Thomas Jefferson. Appendix 11. On or about the 29th of June, 1791, nineteen original proprietors of the greater parts of the lands which now constitute the city of Wash- ington conveyed them in trust, by deeds in the following form, viz: [Copy of the deed in trust from an original proprietor of the ground on which the city of Washington is located to the trustees appointed by authority of the United States to receive the same.] This indenture, made this 39th daj^ of June, in the year of our Lord one thousand seven hundred and ninetj^-one, between (here is inserted the name of the grantor), of the State of Maryland, of the one part, and Thomas Beall, of George, and John M. Gantt, of the State of Maryland, of the other part, witnesseth: That the said (the grantor), for and in consideration of the sum of five shillings, to him in hand paid by the same Thomas Beall, of George, and John M. Gantt, before the sealing and delivery of these presents, the receipt whereof he doth hereb}" acknowledge, and thereof doth acquit the said Thomas Beall, of George, and John M. Gantt, their executors and adminis- trators; and also, for and in consideration of the uses and trust here- inafter mentioned, to be performed by the said Thomas Beall, of George, and John M. Gantt, and the survivor of them, and the heirs of such survivor, according to the true intent and meaning thereof, hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said Thomas Beall, of George, and John M. Gantt, and the survivor of them, and the heirs of such survivor, all the lands of him, the said (grantor) lying and being within the following limits, boundaries, and lines, to wit: Beginning on the east side of Rock C.'reek, at a stone stand- ing in the middle of the main road leading from Georgetown to Bladens- burg; thence along the middle of the said road to a stone standing on the east side of the Reedy Branch of Goose Creek; thence southeasterly, making an angle of 61 degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladensburg to the Eastern Branch ferry; thence south, to a stone eighty poles north of the east and west line already drawn from the mouth of Goose Creek, to the Eastern Branch; then east, parallel to the said east-and-west line, to the 92 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Eastern Branch; thenco ))y and with the waters of the Eastern Branch, Potomac Kiver, and Rock Creek to the beginning-, with their appur- tenances, except all and every lot and lots of which the said (the grantor) is seized or to which he is entitled in Carrolls- burg- or Hamburg; to hav^e and to hold the hereby bai-gained and sold lands with their appurtenances to the said Thomas Beall of George and John M. Gantt, and the survivor of them, and the heirs of such survivor forever: To and for the special trust following, and no other; that is to say: That all the said lands hereby bargained and sold, or such part thereof as may be thought necessary or proper to be laid out, together with other lands within the said limits, for a Federal city, with such streets, squares, parcels, and lots as the President of the United States for the time being shall approve; and that the said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survivor shall conve}' to the Commissioners for the time being, appointed by virtue of the act of Congress entitled "An act for establishing the temporary and perma- ment seat of the Government of the United States," and their suc- cessors, for the use of the United States forever, all the said streets and such of the said squares, parcels, and lots as the President shall deem i^roper, i-or the use of the United States; and that as to the residue of the said lots, into which the said lands hereby bargained and sold shall have been laid off and divided, that a fair and equal division of them shall be made. And if no other mode of division shall be agreed on by consent of the said (the grantor) and the Commis- sioners for the time being, then such residue of the said lots shall be divided, every other lot alternate to the said (the grantor), and it shall, in that event, be determined by lot, whether the said (the grantor) shall begin with the lot of the lowest number laid out on the said lands or the following number. And all the said lots which may in any manner be divided or assigned to the said (the grantor) shall, thereupon, together with any part of the bargained and sold lands, if any, which shall not have been laid out in the said city, be conveyed by the said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survivor, to him, the said (the grantor), his heirs and assigns. And that the said other lots shall and may be sold at such time or times, in such manner, and on such terms and conditions as the President of the United States for the time being- shall direct; and that the said Thomas Beall of George and John M, Gantt, or the survivor of them, or the heirs of such survivor, will, on the order and direction of the President, convey all the said lots so sold and ordered to be conveyed to the respective purchasers in fee simple, according to the terms and conditions of such purchases; and the produce of the sales of the said lots when sold as aforesaid shall in the GOVERNMENT OF THE DISTRICT OF COLUMBIA. 93 first place be applied to the pa^^ment in money to the said (the grantor), his executors, administrators, or assigns, for all the part of the land hereby bargained and sold which shall have been laid off into lots, squares, or parcels, and appropriated as aforesaid to the use of the United States, at the rate of twenty-five pounds per acre, not accounting the said streets as part thereof. And the said twenty-five pounds per acre, being so paid, or in any other manner satisfied, that then the produce of the same sale, or what thereof may remain as aforesaid, in money or securities of any kind, shall be paid, assigned, transferred, and delivered over to the President of the United States, for the time being, as a grant of money, and to be applied for the purposes and according to the act of Congress aforesaid. But the said convej'^ance to the said (the grantor), his heirs or assigns, as well as the conveyance to the purchasers, shall be on, and subject to such terms and conditions as shall be thought reasonable, })y the President, for the time being, for regulating the materials and manner of the buildings and improve- ments on the lots, generally, in the said city, or in particular streets, or parts thereof, for common convenience, safety, and order: Provided^ Such terms and conditions be declared before the sales of any of the said lots, under the direction of the President. And in trust further, and on the agreement that the said (the grantor), his heirs or assigns, shall and may continue his possession and occupation of the said lands hereby bargained and sold, at his and their will and pleasure, until they shall be, occupied under the said appropriations for the use of the United States as aforesaid, or by purchasers; and when an}^ lots or parcels shall be occupied under purchase or appro- priations as aforesaid, then, and not until then, shall the said — (the grantor) relinquish his occupation thereof. And in trust also, as to the trees, timber, and wood, on the premises, that he the said (the grantor) his heirs or assigns, may freely cut down, take, and carry away, and use the same as his and their prop- erty, except such of the trees and wood growing as the President or commissioners aforesaid may judge proper, and give notice, shall be left for ornaments, for which the just and reasonable value shall be paid to the said (the grantor), his executors, adminis- trators, or assigns, exclusive of the twenty-five pounds per acre for the land. And in case the arrangements of the streets, lots, and the like will conveniently admit of it, he the said (the grantor), his heirs or assigns, if he so desire it, shall possess and retain his buildings and graveyard, if anj^, on the hereljy bargained and sold land, paying to the President at the rate of twelve pounds ten shillings per acre for the lands so retained, because of such buildings and gravej^ards, to be applied as aforesaid, and the same shall thereupon be conveyed 94 GOVERNMENT OF THE DISTEICT OF COLUMBIA. to the said (the grantor), his lieirs or assigns, with his lots. But if the arrangements of the streets, lots, and the like will not conveniently admit of such retention, and it shall become neces- sary to remove such buildings, then the said (the grantor), his executors, administrators, or assigns, shall be paid the reasonable value thereof in the same manner as squares or other ground appro- priated for the use of the United States are to be paid for. And be- cause it may so happen that by deaths or removals of the said Thomas Beall, of George, and John M. Gantt, and from other causes, difficul- ties may occur in fully perfecting the said trusts, by executing all the said conveyances, if no eventual provision is made, it is therefore agreed and covenanted between all the said parties, that the said Thomas Beall, of George, and John M. Gantt, or either of them, or the heirs of any of them, lawfully may, and that they, at any time, at the request of the President of the United States for the time being, will convey all or any of the said lands hereby bargained and sold, which shall not then have been conveyed in execution of the trusts aforesaid, to such person or persons as he shall appoint, in fee simple, subject to the trusts then remaining to be executed, and to the end that some may be perfected. And it is further granted and agreed between all the said parties, and each of the said parties doth for himself, respectively, and his heirs, covenant and grant to and with the others of them, that he and they shall and will, if required by the President of the United States for the time being, join in and execute any further deed or deeds for carrying into effect the trusts, purposes, and true intent of this present deed. In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first above written. Signed by the grantor. . [seal.] Signed, sealed, and delivered in the presence of — All the residue of the lands lying within the bounds of the city were, by an act of the legislature of Maryland, passed on or about the 19th of December, 1791, vested in the same trustees, and subjected to the same trusts. Appendix 12. Georgetown, Septeniber 5, 1791. Sir: We have agreed that the Federal District shall be called "The Territory of Columbia," and the Federal City the "cit}^ of Washing- ton." The title of the map will, therefore, be, "A Map of the City of Washington in the Territory of Columbia." GOVEENMENT OF THE DISTRICT OF COLUMBIA. 95 We have also aj^^reed that the streets be named alphabeticall}^ one way and numeric-all}^ the other, the former to be divided into north and south, and the latter into east and west numbers from the Capitol. Major Ellicott, with proper assistance, will immediately take, and soon furnish you with, the soundings of the Eastern Bn.nch, to be inserted in the map. We expect he will also furnish 3'ou with the proposed post road, which we wish to be noticed in the map. We are, respectfully, yours, Thomas Johnson. David Stuart, Daniel Carroll. To Major L'Enfant. Appendix 13. act of MARYLAND RATIFYING THE CESSION. AN ACT Concerning the Territory of Columbia and the city of Washington. [Passed December 19, 1791.] Whereas the President of the United States, by virtue of several acts of Congress, and acts of the assemblies of Maryland and Virginia, by his proclamation, dated at Georgetown on the thirtieth day of March, seventeen hundred and ninety -one, did declare and make known that the whole of the territory of ten miles square, for the permanent seat of government of the United States, shall be located and included within the four lines following, that is to say: Beginning at Jones Point, being the upper point of Hunting Creek, in Virginia, and at an angle at the outset forty-five degrees west of north, and running a direct line ten miles for the first line; then beginning again at the same Jones Point and running another direct line at a right angle with the first across the Potomac ten miles for the second line; then from the terminations of the said first and second lines running two other direct lines ten miles each, the one across the Eastern Branch and the other Potomac, and meeting each other in a point, which has since been called the Territory of Columbia; and, Whereas Notley Young, Daniel Carroll, of Duddington, and man}^ others, proprietors of the greater part of the land hereinafter men- tioned to have been laid out in a city, came into an agreement, and have conveyed their lands in trust to Thomas Beall, son of George, and John Mackall Gantt, whereby they have subjected their lands to be laid out as a city, given up part to the United States, and subjected other parts to be sold to raise money as a donation to be employed according to the act of Congress for establishing the temporary and permanent seat of the Government of the United States, under and upon the terms and conditions, contained in each of the said deeds; and many of 96 GOVEENMENT OF THE DISTRICT OF COLUMBIA. the proprietors of lots in Carrollsburg and Hamburg- have also come into an agreement, subjecting their lots to be laid out anew, giving up one-half of the quantity thereof to be sold, and the money thence aris- ing to be applied as a donation as aforesaid, and thej^ to be reinstated in one-half of the quantity of their lots in the new location, or other- wise compensated in land in a different situation within the city, by agreement between the Commissioners and them, and in case of disa- greement, that then a just and full compensation shall be made in money; jet some of the proprietors in Carrollsburg and Hamburg, as well as some of the proprietors of other lands, have not, from imbecil- ity and other causes, come into any agreement concerning their lands within the limits hereinafter mentioned, but a very great number of the landholders having agreed on the same terms, the President of the United States directed a cit}' to be laid out comprehending all the lands beginning on the east side of Rock Creek, at a stone standing in the middle of the road leading from Georgetown to Bladensburgh; thence along the middle of the said road to a stone standing on the east side of the Keedy Branch of Goose Creek; thence southeasterh', making an angle of sixty-one degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladensburgh to the Eastern Branch ferr} ; then south to a stone ninety poles north of the east and west line already drawn from the mouth of Goose Creek to the Eastern Branch; then east, parallel to the said east and west line, to the Eastern Branch; then with the waters of the Eastern Branch, Potomac River, and Rock Creek to the beginning, which has since been called the City of Washington; and Whereas it appears to this general assembly highly just and expe- dient that all the lands within the said city should contribute, in due proportion, in the means which have already great 1}^ enhanced the value of the whole; that an incontrovertible title ought to be made to the purchasers, under public sanction; that allowing foreigners to hold land within the said territory will greatly contribute to the improve- ment and population thereof; and that man\' temporar}^ provisions will be necessary till Congress exercise the jurisdiction and govern- ment over the said territory; and Whereas in the cession of this State, heretofore made, of territor}' for the Government of the United States, the lines of such cession could not be particularly designated; and it being expedient and proper that the same should be recognized in the acts of this State — 2. Be it enacted hj the General Assainhly of Maryland^ That all that part of the said territory called Columbia which lies within the limits of this State shall be, and the same is hereby, acknowledged to be for- ever ceded and relinquished to the Congress and Government of the United States, and full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 97 the tenor and effect of the eighth section of the first article of the Con- stitution of Government of the United States: Provided^ That nothing herein contained shall be so construed to vest in the United States any right of property in the soil as to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States: And xwovided also ^ That the juris- diction of the laws of this State over the persons and property of indi- viduals residing within the limits of the cession aforesaid shall not cease or determine until Congress shall, by law, provide for the gov- ernment thereof, under their jurisdiction, in manner provided by the article of the Constitution before recited. 3. And he it enacted^ That all the lands belonging to minors, persons absent out of the State, married women, or persons non compos men- tis, or the lands the property of this State, within the limits of Car- rollsburg and Hamburg, shall be and are here])y subjected to the terms and conditions hereinbefore recited, as to the lots where the proprie- tors thereof have agreed concerning the same; and all the other lands, belonging as aforesaid, within the limits of the said city of Washing- ton, shall be, and are hereby, subjected to the same terms and condi- tions as the said Notle}" Young, Daniel Carroll, of Duddington, and others, have, by their said agreements and deeds, subjected their lands to, and where no conve3'ances have been made, the legal estate and trust are hereby invested in the said Thomas Beall, son of George, and John Mackall Gantt, in the same manner as if each proprietor had been competent to make, and had made a legal conveyance of his or her land, according to the form of those already mentioned, with proper acknowdedgments of the execution thereof, and where necessary, of release of dower, and in every case where the proprietor is an infant, a married woman, insane, absent out of the State, or shall not attend on three months' advertisement of notice in the Maryland Journal and Baltimore Advertiser, the Maryland Herald, and in the George- town and Alexandria papers, so that allotment can not take place liy agreement, the commissioners, aforesaid, or any two of them, may allot or assign the portion or share of such proprietor as near the old situ- ation as may be, in Carrollsburg and Hamburg, and to the full value of what the party might claim under the terms before recited; and as to the other lands within the said cit}', the commissioners aforesaid, or any two of them, shall make such allotment and assignment, within the lands belonging to the same person, in alternate lots, determined b}' lot or l)allot, whether the party shall begin with the lowest number: Provided, That in the cases of coverture and infancy, if the husband, guardian, or next friend will agree with the commissioners, or any two of them, then an effectual division may be made by consent; and in case of contrary claims, if the claimants will not jointl}^ agree, the commissioners may proceed as if the proprietor was absent; and all 595a— 07 7 UQ GOVERNMENT OF THE DISTRICT OF COLUMBIA. persons to whom allotments and assignments of lands shall be made by the commissioners, or any two of them, on consent and agreement, or pursuant to this act without consent, shall hold the same in their former estate and interest, and in lieu of their former quantity, and subject in every respect to all such limitations, conditions, and incum- brances as their former estate and interest, and in lieu of their former quantity, and subject in every respect to all such limitations, condi- tions, incumbrances as their former estates and interests were subject to, and as if the same had been actually reconvej^ed pursuant to the said deed in trust. 4. And he it enacted^ That where the proprietor or proprietors, pos- sessor or possessors, of any lands within the limits of the city of Washington, or within the limits of Carrollsburg or Hamburg, who have not already, or who shall not, within three months of this act, execute deeds in trust to the aforesaid Thomas Beall and John M. Gantt, of all their land within the limits of the said city of Washing- ton, and on the terms and conditions mentioned in the deeds already executed by Notley Young and others, and execute deeds in trust to the said Thomas Beall and John M. Gantt of all their lots in the towns of Carrollsburg and Hamburg on the same terms and condi- tions contained in the deeds already executed by the greater part of the proprietors of lots in the said towns, the said commissioners, or an}" two of them, shall and may, at any time or times thereafter, issue a process, directed to the sheriff of Prince Georges County, com- manding him, in the name of the State, to summon five good substan- tial freeholders, who are not of kin to any proprietor or proprietors of the lands aforesaid, and who are not proprietois themselves, to meet on a certain day, and at a certain place within the limits of the said city, to inquire of the value of the estate of such proprietor or proprietors, possessor or possessors, on which day and place the said sheriff shall attend, with the freeholders by him summoned, which freeholders shall take the following oath, or affirmation, on the land to be by them valued, to wit: "I, A. B., do solemnly swear (or affirm) that 1 will, to the best of my judgment, value the lands of C. D. now to be valued so as to do equal right and justice to the said C. D. and to the public, taking into consideration all circumstances,''' and shall then proceed to value the said lands; and such valuation, under their hands and seals and under the hand and seal of the said sheriff, shall l)e annexed to the said process and returned by the sheriff to the clerk appointed by virtue of this act, who shall make record of the same, and the said lands shall, on the pa^^ment of such valuation, be and is hereby vested in the said commissioners in trust, to be disposed of b}" them or otherwise employed to the use of the said city of Washington ; and the sheriff aforesaid and freeholders aforesaid shall GOVERNMENT OF THE DISTRICT OF COLUMBIA. 99 be allowed the same fees for their trouble as are allowed to a sheriff and juryman in executing a writ of inquiry; and in all cases where the proprietor or possessor is tenant in right of dower or by the courtesy the freeholders aforesaid shall ascertain the annual value of the lands and the gross value of such estate therein, and upon pay- ing such gross value or securing to the possessor the pa3'ment of the annual valuation, at the option of the proprietor or possessor, the commissioners shall be and are hereby vested with the whole estate of such tenant, in manner and for the uses and purposes aforesaid. 5. A)id 1)6 it enacted. That all the squares, lots, and parcels .of land within the said city which have been or shall be appropriated for the use of the United States, and all the lots and parcels which have been or shall be sold to raise money as a donation as aforesaid shall remain and be to the purchasers, according to the terms and conditions of their respective purchase; and purchases and leases from private per- sons claiming to be proprietors, and having, or those under whom the}^ claim having, been in the possession of the lands purchased or leased, in their own right, five whole years next before the passing of this act, shall be good and effectual for the estate, and on the terms and conditions of such purchases and leases, respective!}', without impeach- ment, and against any contrary title now existing; but if any person hath made a conveyance, or shall make a conveyance or lease, of any lands within the said city, not having right and title to do so, the per- son who might be entitled to recover the land under a contrary title now existing may, either by way of ejectment against the tenant or in an action for money had and received for his use against the bar- gainer or lessor, his heirs, executors, administrators, or devisees, as the case may require, recover all money received by him for the squares, "pieces, or parcels appropriated for the use of the United States, as well as for lots or parcels sold and rents received by the person not having title as aforesaid, with interest from the time of receipt; and, on such recovery in ejectment, where the land is in lease, the tenant shall thereafter hold under, and pay the rent reserved to, the person making title to and recovering the land; but the possession bona fide acquired in none of the said cases shall be changed. 6. And he It enacted^ That an 3^ foreigner maj^, by deed or will here- after to be made, take and hold lands within that part of the said terri- tory which lies within this State in the same manner as if he were a citizen of this State; and the same lands may be conveyed by him, and transmitted to, and inherited b}' his heirs or relations, as if he and they were citizens of this State; provided that no foreigner shall, in virtue hereof, be entitled to any further or other privilege of a citizen. 7. And he it enacted, That the said commissioners, or any two of 100 GOVERNMENT OF THE DISTRICT OF COLUMBIA. them, may appoint a clerk for recording- deeds of land within the said territory, who shall provide a proper book for the purpose, and therein record, in a strong, legible hand, all deeds duly acknowledged, of lands in the said territory, delivered to him to be recorded, and in the same book make due entries of all divisions and allotments of lands and lots made by the commissioners in pursuance of this act, and certificates granted by them of sales, and the purchase money having been paid, with a proper alphabet in the same book of the deeds and entries aforesaid; and the same book shall carefully preserve and deliver over to the 4;ommissioners aforesaid, or their successors, or such person or persons as Congress shall hereafter appoint, which clerk shall continue such during good behaviour, and shall be removable only on a convic- tion of misbehaviour in a court of law; but before he acts as such he shall take an oath or affirmation well and truly to execute his office, and he shall be entitled to the same fees as are or may be allowed to the clerks of the county courts for searches, copying, and recording. 8. And he it enacted^ That acknowledgments of deeds made before a person in the manner and certified as the laws of this State direct, or made before, and certified by, either of the commissioners shall be efi'ectual; and that no deed hereafter to be made, of or for lands within that part of the said territory which lies within this State, shall operate as a legal conveyance, nor shall anj^ lease for more than seven years be efl'ectual, unless the deed shall have been acknowledged as aforesaid, and delivered to the said clerk to be recorded within six calendar months from the date thereof. 9. And he it enacted^ That the commissioners aforesaid, or some two of them, shall direct an entry to be made in the said record book of every allotment and assignment to the respective proprietors in pur- suance of this act. 10. And for the encouragement of master builders to undertake the building and finishing houses within the said city by securing to them a just and efl^ectual remed}^ for their advances and earnings. Be it enacted. That for all sums due and owing on written contracts for the building any house in the said city, or the brickwork or carpenters' or joiners' work thereon, the undertaker or workmen employed b}^ the person for whose use the house shall be built shall have a lien on the house and the ground on which the same is erected, as well as for the materials found by him: Provided, The said written contract shall have been acknowledged before one of the commissioners, a justice of the peace, or an alderman of the corporation of Georgetown and recorded in the office of the clerk for recording deeds, herein created, within six calendar months from the time of acknowledgment as afore- said, and if within two years after the last of the work is done he pro- ceeds in equity he shall have as upon a mortgage, or if he proceeds at GOVERNMENT OF THE DISTRICT OF COLUMBIA. 101 law within the same time he may have execution against the house and land, ill whose hands soever the same may be; but this remedy shall be considered as additional only, nor shall, as to the land, take place of any legal incumbrance made prior to the commencement of such claim. 11. And he it enacted^ That the treasurer of the western shore be empowered and required to pa}" the seventy-two thousand dollars agreed to be advanced to the President by resolutions of the last ses- sions of assembly, in sums as the same may come to his hands on the appointed funds, without waiting for the day appointed for the pay- ment thereof. 12. And he it enacted^ That the Commissioners aforesaid for the time being, or an}^ two of them, shall from time to time, until Congress shall exercise the jurisdiction and government within the said Terri- tory, have power to license the building- ©f wharves in the waters of the Potomac and the Eastern Bi'anch, adjoining the said cit}", of the materials, in the manner and of the extent they ma}" j^idge durable, convenient, and agreeing- with the general order; but no license shall be granted to one to build a wharf before the land of another, nor shall any wharf be built in the waters without license as aforesaid; and if any wharf shall be built without such license, or different there- from, the same is hereby declared a common nuisance. They may also, from time to time, make regulations for the discharge and laying of ballast from ships or vessels lying in the Potomac River above the lower line of the said Territory and Georgetown, and from ships and vessels lying in the Eastern Branch. They may also, from time to time, make regulations for landing and laying materials for building the said city, for disposing and laying earth which may be dug out of the wells, cellars, and foundations and for ascertaining the thickness of the walls of houses, and to enforce the observance of all such regu- lations by appointing penalties for the breach of any one of them not exceeding ten pounds current money, which may be recovered in the name of the said Commissioners, by warrant, before a justice of the peace, as in case of small debts, and disposed of as a donation for the purpose of the said act of Congress. And the said Commissioners, or any two of them, may grant licenses for retailing distilled spirits within the limits of the said city, and suspend or declare the same void. And if any person shall retail or sell any distilled spirits, mixed or unmixed, in less than ten gallons to the same person, or at the same time actually delivered, he or she shall forfeit for every such sale three pounds, to be recovered and applied as aforesaid. 13. And he it enacted, Tha'j 'd.\\ act of assembly of this State to con- demn lands, if necessary, for .he public buildings of the United States be, and is hereby, repealed. 102 GOVEENMENT OF THE DISTRICT OF COLUMBIA. Appendix 14. AN ACT Ai^pointing the time and directing the place of the next meeting of Congress. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled^ That the session of Congress next ensuing the present shall be held at the city of Wash- ington, in the District of Columbia, and said session shall commence on the third Monday of November, one thousand eight hundred. Approved, May 13, 1800. (2 Stats., 85.) Appendix 15. jurisdiction of the united states. In the case of United States i\ John Hammond (Cranch's Circuit Reports, vol. 1, pp. 15-21) the court held "that before the right of exclusive jurisdiction absolutely vested in the United States, it was necessary, by the act of cession (of Virginia), and hy the eighth section of the first article of the Constitution of the United States, that three events only should happen: First, that the cession should be accepted by Congress; second, that it should be located and defined; and third, that the district so accepted, located, and defined should become the seat of government of the United States. "All these events had happened on the first Monday of December, 1800, being the da}^ a])pointed by law for the removal of the seat of government. On that da}^, therefore, all the preliminary events hav- ing happened, the District of Columbia became vested in the Congress and Government of the United States, according to the impressive words of the act of cession ' in full and absolute right and exclusive jurisdiction as well of soil as of persons residing or to reside thereon.'" Appendix 16. [House Report No. 32.5, Twenty-ninth Congress, first session.] RETROCESSION OF ALEXANDRIA TO VIRGINIA. [To accompany H. R. No. 259.] On February 25, 1846, Mr. Hunter, from the Committee for the District of Columbia, made the following report: The committee to whom was referred the petition of many citizens of the town and county of Alexandria for the retrocession of the por- tion of the District of Columbia south of the Potomac have considered the same, and report: GOVERNMENT OF THE DISTEICT OF COLUMBIA. 103 That they have come to the conclusion that there is much in the petition to commend itself to the favor of Congress. The portion of the District of Columbia south of the Potomac con- stitutes about one-third of its area, and up to this time has not been used for the public buildings or grounds necessary for the seat of goverinnent. The experience of more than forty years seems to have demonstrated that the cession of the county and town of Alexandria was unnecessary for any of the purposes of a seat of government, mischievous to the interest of the District at large, and especially injurious to the people of that portion which was ceded by Virginia. One of the great objects in removing the seat of government to a district under the exclusive legislation of Congress was to secure the persons and deliberations of the mem]>ers of the General Government from open violence or lawless intrusions. Your committee can see no reason why this object ma}'' not be as well secured by confining the District to two-thirds of its present extent as by embracing the whole within its area. Within the por- tion of the District on the north side of the Potomac River there is much more than space enough for all the public grounds and buildings ever likely to be necessary for the seat of government. Beyond this quantity every addition of territory to be embraced within the exclu- sive legislation of Congress is not only unnecessary but makes a use- less diversion of its time and attention from the great objects of general legislation to the discharge of the duties df a petty local legis- lation, for which it is unfitted. In the District itself this union of the counties of Washington and Alexandria has been the source of nuich mischief. At the time of the cession of this District, the counties of Washing- ton and Alexandria were left under the operation of the laws of the States of Maryland and Virginia, respectively, except so far as they might be altered by the subsequent legislation of Congress. Within the limits of the ten miles square we have thus had two people sepa- rated by a broad river, and under the operation of different codes of laws. It has been so difficuU to harmonize the legislation of Congress with these two different codes, and that body has had so little time to bestow on this work, that but little has been done toward amending their codes, or toward placing the District under one general system of laws. The difficulty of harmonizing its legislation with both codes has hitherto prevented Congress from making many most necessary alterations in either. It is not to be conceded that these and other cir- cumstances have always produced a degree of sectional feeling, even in this small District, which would scarcely have been expected by those who had not examined into the causes of their dissensions. It would be possible, perhaps, with much more time and labor than Con- gress will ever have to bestow on this subject to substitute a general 104 GOVERNMENT OF THE DISTEICT OF COLUMBIA. code for the different s^'stems of law, but the difficulties iu the way of this work would be far i^reater than would attend the amendment of either one of the systems considered separately. Nor is it likely that Cong-ress will ever have the time to bestow on work of so much labor. But if this were accomplished, there is a still more permanent cause of jealousy subsisting between the two parties of the District of Columbia. All the disbursements growing out of the location of the seat of government are made within the county of Washington, and of neces- sity must continue to be so made. This has been and will continue to be a source of jealousy and divi- sion between the counties of the District. Had the District submitted to the exclusive legislation of Congress, been confined to either county, it is probable that Congress would have been able to have discharged to a far greater extent the duties of a local legislature, and with a far less expenditure of time and money than has been wasted on the hith- erto vain attempt to attain that object. The present condition of the laws in the District of Columbia is such as should excite a strong sj^m- pathy for its people, and would reflect some discredit on our legisla- tion if it were not obvious that the difference in the S3\stems and the local jealousies of the two counties have interposed difficulties which it required more time to surmount than Congress have ever had to bestow upon the subject. The people of the county and town of Alex- andria have been subjected not only to their full share of those evils which affect the District generally, but they have enjo3^ed none of these benefits which serve to mitigate their disadvantages in the county of Washington. The advantages which flow from the location of the seat of government are almost entirely confined to the latter county, whose people, as far as your committee are advised, are entirely con- tent to remain under the exclusive legislation of Congress. But the people of the county and town of Alexandria, who enjoy few of those advantages, are, as your committee believe, justly impa- tient of a state of things which subjects them not only to all the evils of inefficient legislation, but also to political disfranchisement. To enlarge on the immense value of the elective franchise would be unnecessary before an American Congress or in the present state of public opinion. The condition of thousands of our fellow-citizens who, without any equivalent, if equivalent there could be, are thus denied a vote in the local or general legislation b}^ which they are governed, who to a great extent are under the operation of old English and Virginia statutes long since repealed in the counties where they originated, and whose sons are cut off from many of the most highly valued privileges of life, except upon the condition of leaving the soil of their birth, is such as must deeply move the sympathies of those who enjoy those rights themselves and regard them as inestimable. Your committee believe that it would be difficult to measure the full GOVERNMENT OF THE DISTRICT OF COLUMBIA. 105 extent of the depressing effect which these circumstances have had upon the growth and prosperity of the people of the town and county of Alexandria. When we compare their present condition with that which their natural advantages would seem to have promised, we are constrained to believe that there is something in their political state which must have marred the beneficent design of nature. Upon a full view of all these considerations, j^our committee are of opinion that the interest of the General Government, of the whole District of Columbia, and particularly of the people of the county and town of Alexandria, would be promoted by a retrocession of that county to the State of Virginia, whose general assembly have signified their assent to the act by a law passed with the unanimous vote of both houses. It has been alleged, it is true, that Congress has no power to pass such an act — upon the grounds which your committee have exammed, and believe to be entirely insufficient. This objection rests mainly upon the assumption that the power in relation to the location of the seat of government, and the extent of the district given in the seven- teenth clause of the eighth section and first article of the Constitution, has been executed and exhausted — a construction not warranted, as we believe, by the history or context of the clause in question, nor by the general spirit of the instrument in which it is contained. There is no more reason to believe that the power in this case, when once exer- cised and executed, is exhausted than in any other of the long list of enumerated powers to which it belongs, and which it is provided that Congress ''shall have." The phraseology of the grant is the same, and as much reason seems to exist for the continuance of the right to exercise this power as in most of those contained in the list to which we have referred. If this construction be true, when Congress had once fixed the seat of gov- ernment it could no more be removed, although it should prove to be unsafe from foreign invasion or so unhealthy as to endanger the lives of the members of the Government, or so located as to be inconsist- ent with a due regard to the facilities of access to our whole popula- tion or to their convenience; and yet it is manifest that some of these considerations might make the removal of the seat of government a matter of necessity. To have excluded the conclusion that the fraraers of the Constitution had regarded considerations so manifest and rea- sonable, there nmst have been terms so precise and accurate as to have left no doubt of their intention to make the act irrevocable when the power was once exercised. As some proof that the framers of the Constitution did not overlook these considerations, we may advert to the fact that Mr. Madison moved to strike out the word "permanent" from the act establishing the seat of government because the Consti- tution did not contain it. Nor is this the only difficulty involved by this construction ; the same section gives a like power relative to forts 106 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. and arsenals. And, contrary to reason and the usage of Congress, this power when once exercised would be thus considered as executed and exhausted. The true construction of this clause of the Constitution would seem to be that Congress may retain and exercise exclusive jurisdiction over a district not exceeding 10 miles square; and whether those limits may enlarge or diminish that district, or change the site, upon considerations relating to the seat of government, and connected with the wants for that purpose; the limitation upon their power in this respect is that they shall not hold more than 10 miles square for this purpose; and the end is to attain what is desirable in relation to the seat of government. This construction is consistent with the phrase- ology of the Constitution, with the reasons for granting such a power, and not inconsistent with the reserved powers of the States. It saves the Government, too, from great and manifold inconveniences to which it would be exposed upon any other interpretation of the clause in question. Congress might, under this clause, have taken a district less than 10 miles square; and if this had been found insuiScient, there can be no doubt but that it might have added as much more by cession from a State as was necessary for the purposes of a seat of govern- ment. If it had taken more originally than was necessary for those purposes, there would seem to be as little doubt but that they might relinquish the surplus. If it may remove the site of its exclusive legislation from the Potomac to the Mississippi it would seem to be clear that the}^ might remove that site from the boundaries of Alex- andria County to the north bank of the Potomac. But, it has been asked, by what clause of the Constitution could Congress transfer the district thus abandoned to the legislation of any State; and if there be none, is it not a fatal objection to the construc- tion given b}^ us to the clause in dispute — that the people of the district thus relinquished would be left without any government whatever? Different minds attending to the system of constitutional construction to which they inclined have derived this power from different clauses of the Constitution. Some think that the power of the General Government to cede in such a case is to be derived from the power of "exclusive legislation" given by the Constitution. Some, too, derive this powder from that "to dispose of, and make all needful rules and regulations respecting the territory or other prop- erty belonging to the United States." Others, again, hold that the right to exercise exclusive legislation in this case is a qualified right, and determines when the seat of government is removed. Those who hold this opinion maintain that when this right determines, the jurisdic- tion reverts to the ceding State, who, b}^ the ver}^ terms of the Consti- tution, could onl}^ have ceded the right of exclusive legislation to the District while it remained the seat of government. Your committee GOVEENMENT OF THE DISTRICT OF COLUMBIA. 107 think there is much of truth in this last opinion. For it is onh' by this construction that the seat of government can be removed by the Federal authorities, without not onl}^ the assent of the States who cede the new site, but also of those who have given the old. This would enable either the State of Maryland or Virginia to prevent the removal of the seat of government, although demanded by every other State in the Union. For even those who derive the power from the two sources first named could not maintain that consistently with good faith; we could cede away to other States territory not contiguous to them, but contiguous to Virginia and Maryland, and ceded by them for a consideration, which failed the moment that the seat of govern- ment was removed. Upon the last construction as to the relative rights of the parties no such inconvenience could be experienced. We might remove the seat of government without the consent of Virginia and Maryland, if a majority of the people and States desired it, without leaving the abandoned District beyond the pale of all government, and without violating the provision of the Constitution which limits the right of Congress to exclusive legislation to 10 miles square. Under this view of the clause in question, the jurisdiction over the county of Alexan- dria would revert to Virginia upon the withdrawal of the right of exclusive legislation over it, by confining the seat of government to the portion of the district north of the Potomac River. But, in any view of the case, an act of retrocession would be proper, as it would be conferring a right on Virginia which would be necessary in the opinion of some, or else acknowledging a right already existing, after the withdrawal of our jurisdiction, in the opinion of others. The grant would be necessary according to the one opinion, and the acknowledgment of right would be salutary even upon the grounds assumed b}' others. One other objection to the act of retrocession remains to be considered. The act of Congress establishing the pres- ent seat of government characterized it as permanent. It has been maintained that its site could not be removed or changed without the assent of both Virginia and Maryland, except by a breach of faith toward these States. It might be replied that this word "permanent" meant only an indefinite period; that it was designed merely to require the removal to be made by law, and not by resolution of the two Houses; or it might be well said that Congress could not, by contract, part with a power reposed in them b}^ the Constitution for wise pur- poses; but in point of fact, the historj' of the transaction does not sus- tain this view of the contract. Neither Virginia nor Maryland, by their acts of cession, made the permanence of the seat of government a condition of the grant. Nor is there anything in the acts of cession or the circumstances attending them to sanction the idea which has been expressed, that it 108 GOVERNMENT OP THE DISTRICT OP COLUMBIA. was a contract l)etwecn the United States and the States of Virginia and Marj'land jointly, and thus that good faith would require the assent of both States to a retrocession to either. A reference to these acts will show that each State contracted, for itself only, with the Gen- eral Government, and did not contemplate the action of any other State as necessarily connected with its own. This is conclusivelj'' proved hj the fact that each State offered to cede the whole of the 10 miles square, and thus clearly contemplated the case in which the United States and itself might be the only parties to the contract. The acts of Virginia and Maryland were passed at different times and without the least reference to each other. Upon all these ^icws as to the propriet}^ and right of retroceding to Virginia all that portion of the District of Columbia originally ceded by her to the United States, your committee have been induced to report a bill, which is respect- fully submitted. MEMORIAL OF THE COMMITTEE OF THE TOWN OF ALEXANDRIA FOR RETROCESSION. The committee appointed by the common council of Alexandria to attend to the interests of the town before Congress,, and especially to urge upon that bod}^ the subject of retrocession, beg leave respectfully to submit to the honorable chairman and members of the District Committee of the House of Representatives some of the considerations which impel them greatly to desire to return to the State of Virginia, from which, in an evil hour, they were separated. AVe maintain that all government (politically considered) but self-government is bad, and that without some radical change, time, instead of making a bad gov- ernment better, will make it worse; that whatever power is exercised independently of the will of the people, expressed individuall}^ or through their representatives, is a despotism. When we remind the committee that we are a disfranchised people, deprived of all those political rights and privileges so dear to an American citizen, andjthe possession of which is so well calculated to elevate and dignif}^ the human character; that the exclusive jurisdiction which Congress pos- sesses over us, however wisel}^ and moderatel^y exercised, is a despot- ism, we are almost inclined to saj^ nothing more, as we can not doubt but that our feelings, under such circumstances, will meet with the ready sympathy of every member of Congress. Regardless of these evils we should be willing to continue in this state of vassalage, and sacrifice ourselves for the good of our countr}^ could we perceive any substantial benefit resulting therefrom to the rest of the Union. The citizens of Alexandria are as strongly influenced as the citizens of any of the States (we say not fellow-citizens, for in our degraded condition the term would be inapplicable) by emotions of pure and elevated patriotism. We are convinced, however, that so far from GOVERNMENT OF THE DISTRICT OF COLUMBIA. 109 being of advantage we are a useless and even a burdensome appendage to the General Government. The appropriations for the support of the judicial system of the District of Columbia have been a subject of serious complaint, amounting, we believe, to as much as $50,000 per annum. By retroceding the town and county of Alexandria this amount would be greatly diminished, and there would be a consider- able saving in the diminished time that Congress would feel it incum- bent on them to bestow on the affairs of the District. Our condition is essentiallv different from and fai- worse than that of our neighbors on the northern side of the Potomac. They are citizens of the metrop- olis of a great and noble republic, and wherever they go there cluster about them all those glorious associations connected with the progress and fame of their country. They are in some measure compensated for the loss of their political rights by benefits resulting from the large expenditure of public money among them, and by daily intercourse and association with the various officers of the Government, and par- ticularly with the members of Congress. How is it with the citizens of Alexandria ? When they go abroad, or their sons are sent to the various literar}' institutions in the States, from a sense of their degraded political condition they are induced to pass themselves as citizens of Virginia. Permit us here expressly to state that in nothing we have said or may sav do we design to cast any censure on Congress. Their good will we do not for a moment doubt, but are confident that the evils under which we labor can not be remedied otherwise than by retro- cession. While ever^^ State in the Union has been amending and improving its civil and penal codes, and none more so than Virginia, but few changes, and still fewer improvements, have been made in our laws. The laws of Virginia, as the}^ existed on the 27th of Februarj^, 1801, with some few unimportant changes, are still in force with us. We are yet governed by antiquated English statutes, repealed even there half a century ago. Efforts have, at different periods since the cession of the District, been made by Congress to establish for us a code of laws, but each effort has proven abortive, and we doubt not that future efforts will, if made, share a similar fate. With a due regard to the interests of the constituents of each member of your honorable body, it is not reasonable to expect Congress to give the time neces- saiy to modify and reform these laws in such a manner as is necessary. So mongrel and complicated is our present system, so patchwork in its nature, that to ascertain what the law is we are in many cases compelled to resort to the revised code of Virginia of the last century (now nearly out of print), to the laws of Maryland, and acts of Con- gress, and when we have undergone this labor find it difficult to evis- cerate from the chaotic mass the true meaning of the law. Can a peo- ple among whom the march of the human mind is thus impeded in 110 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. relation to the highest objects on which it can be exercised, be expected to prosper^when, too, we are surrounded by States to whose citizens every passing year brings the fruits of an improved judgment and a more intelligent understanding? By decisions of the Supreme Court, the inhabitants of this District are not constitutionally entitled to many of the civil rights of citizens of the States, as guaranteed to them merely because their rights are secured to them as being citizens of a State; and while an alien, a British subject, may sue in the Federal courts of the Union, we are denied the privilege. In order to obtain this right, individual instances have occurred in which our citizens have been compelled to remove to one of the States. We are deprived of the elective franchise, a privi- lege so dear and sacred that we would present its deprivation in the strongest light before your honorable body. Side by side with the trial by jury and the writ of habeas corpus maj^ be placed the rights of the ballot box. It is not unworthy of the remark that while the principles of free government are yearly extending with the rapid march of civilization, and thrones and dynasties are ^delding to their influence, here alone in the 10 miles square in and about the capital of this great country is there no improvement, no advance in popular rights. A foreigner, on reaching some distant portion of our terri- tory, might well expect on approaching the seat of government to find its inhabitants enjoying in at least an equal degree the free institutions of the country. In ascertaining our true condition, how unaccountable must it appear that we alone are denied them. However clear ourselves as to the constitutional right of Congress to carry out the measure we propose, as some doubts — not, we think, of a serious character — have been suggested, it is perhaps proper that we should advert to the subject. By the seventeenth section of the eighth article of the Constitution of the United States, the power is delegated to Congress to exercise exclusive jurisdiction in all cases whatsoever over such district (not exceeding 10 miles square) as might, b}^ the cession of particular States and the acceptance of Congress, become the seat of government. In limiting the extent of territory thus to be ceded to 10 miles square, it is .evident that Congress was not tied down to that particular quantity nor prohibited from accepting any less quantity; and had it thus acted, the requirements of the Con- stitution would have been fully answered. The avowed object of the framers of the Constitution, in giving Congress exclusive jurisdiction over a space of country surrounding the seat of government, was to protect its deliberations from disturbance and to secure its action from the influence of popular outbreaks. It was left, however, for Con- gress to determine the extent of territory, not exceeding or within the limits of 10 miles square, over which it might be proper to exercise exclusive legislation. For causes satisfactory to Congress, they thought GOVERNMENT OF THE DISTKICT OF COLUMBIA. ill proper to accept the maximum quantity allowed by the Constitution; and the question now is, whether the}' have not the clear and undoubted right of withdrawing- their jurisdiction from so much thereof as to them may appear unnecessary and useless for the purposes of the origi- nal cession. The right to abandon would seem necessarily to follow the right to acquire. Virginia, in her act of cession, passed to the General Government the exclusive jurisdiction alone of that part of the District of Columbia south of the river Potomac. The right of property in the soil is expressly reserved to the individual proprietors. Has this jurisdiction become so vested that it can not be divested, even by the consent of the contracting parties, without an amendment of the Constitution ? Were this true it would, when carried out, establish that when Congress shall have once undertaken to exercise any of the other delegated powers, the right again to exercise such power would be forever extin- guished. Although the jurisdiction over the Territory of Columbia was ceded jointly by the States of Maryland and Virginia, yet the assent of the former can surely not be necessarj^ to authorize the Gen- eral Government to recede to the State of Virginia the jurisdiction over that part of the territory originally ceded by that State. In parting with the jurisdiction over the town and county of Alex- andria, Virginia appended no condition or limitation in her act of cession other than the protection of the individual rig-hts of the inhab- itants. The only implied restriction to the control of Congress in relinquishing such jurisdiction would be, that the object of the original grant should not be thereby defeated. In this view the question becomes one of mere expediency for Congress to determine whether the other portion of Columbia (to some of which the United States have the absolute right in the soil) would not be amply sufficient for all the purposes of a seat of government. The absolute power of Congress to dispose of the public lands can not be doubted. An express authorit}" for this may be found in the second section of the third article of the amended Constitution. It provides that — Congress shall have power to dispose of, and make all needful riues and regulations respecting, the territory or other property of the United States. From the latter part of the seventeenth section, above referred to, it is evident that the power secured to Congress, by giving it exclusive legislation over the District of Columbia, is exactly the same and none other than it is authorized to exercise over any other property of the United States; and that land granted for the erection of forts, for arsenals, and other purposes is not more liable to its control than the territor}^, or jurisdiction over the territor}^, of Columbia. If the title to property be absolute the mode of its acquisition is unimportant. Whether it be by gift, purchase, or conquest, it is still but a complete title. Congress, by a long and uniform series of 112 GOVERNMENT OF THE DISTRICT OF COLUMBIA. legislation, has given a practical construction to that part of the Con- stitution by which it is authorized to dispose of the public property. Lands owned by the United States have, regardless of the mere man- ner of acquisition, been placed under the exclusive legislation of Congress, and appropriated for the erection of forts, arsenals, and for other public uses. When they ceased to be necessary or useful to the Government for the objects of the original appropriation they have been sold and disposed of according to the will of Congress. The entire power of the General Government over the immense body of public domain acquired by the cession of Florida and Louisiana has never been doubted, and that obtained b}^ the recent annexation of Texas must occupy a similar footing. In the exercise of this power private rights are of course respected. If, then. Congress has the power of disposing of territory ceded by a foreign government, can it not relinquish a jurisdiction acquired from one of the sovereign States of this Union 'i An abandonment of the right of exclusive legislation by Congress has been exhibited, as the new States formed out of parts of the Northwest Territory (also ceded by Virginia) have one by one entered the confederacy. If the Government can not withdraw, or agree not to exercise, the right of exclusive legislation over a territory because such right has become vested and has for a time been legally exercised, it might place it beyond the reach of Congress, under whatever emergency, to estab- lish boundaries between our territory and that of other nations having contiguous possessions. The recent location of the north- eastern boundary by the Ashburton treaty, with others of a similar nature, shows that Congress may, by treaty, waive and forever aban- don the right of exclusive legislation, though previousl}' possessed and exercised. Other instances have occurred in the legislation of Congress of an actual transfer of jurisdiction. (See vol. 1, Laws U. S., 571:.) We conceive that the legislature of Virginia, by its act of cession, virtually said to the United States, You may henceforward exercise exclusive legislation over the town and county of Alexandria, and that Congress, having accepted the cession and finding from long experience that the exercise of such jurisdiction was wholly useless to the General Govern- ment and productive of many evils to the inhabitants, may well deter- mine, with the consent of Virginia, to restore the power thus gi'anted. In view, then, not only of a sound construction of the Constitution, but also of the repeated and well-established usage of the Government, it would seem, at this da}-, to be far too late to raise any doubts about the power of Congress to recede to the State of Virginia the jurisdic- tion over that portion of the Territory of Columbia which lies south of the river Potomac. GOVERNMENT OF THE DISTKICT OF COLUMBIA. il3 For these reasons, and believing that the many grievances to which our people are subject can only be remedied by retroceding to the State of Virginia, we humbly petition the adoption of the necessary report and legislation i^roper to effectuate this end. All of which is respectively submitted. Francis L. Smith, Robert Brockett, Charles T. Spuart, Committee of tlie Town of Alexandria. Appendix 17. origin of carrollsliurg and hamburg. 1. The propert}' in Carrollsburg was subdivided into lots, streets, alleys, etc., about the latter part of 1770, by virtue and authority of a deed of trust dated the 2d day of November, 1770, from Charles Carroll, jr., to Heniy liozer, Daniel Carroll, and Notley Young (vide Liber A A, No. 2, fol. 299 et seq.). This conveyance authorizes the grantees to subdivide ' ' Duddington Manor " and ' ' Duddington Pas- ture," containing in the aggregate 160 acres of land, more or less, into 268 lots, to sell the same (except 6 lots to be selected by the grantor, his heirs or assigns, for his or their own proper use), and to draw or cause to be drawn for by ballot or lottery. This deed is recorded on November 20, 1770, and the plat, courses, and distances of the town are also of -record in the Land and Special Record. Immediately fol- lowing are innumerable deeds from the above grantees to different parties for lots in Carrollsburg, which the deeds recite having been drawn by the grantees, respectively, in a lotter}^ of the same. It was a custom apparently in those days to dispose of propert}" by lottery. In my researches of the old records I have found several such, includ- ing the St. Elizabeth Asylum of your city, which was drawn by an old sea captain. In the Elizabeth matter, as in this, the owner con- veyed the property to the trustees, who sold the tickets, attended the drawing, and deeded the prize to the lucky owner. There is no men- tion whatever in any of the conveyances of this Carrollsburg property of an}^ contemplated cession to the United States. 2. Hamburg was surveyed and laid off by the owner, Jacob Funk, and his plat recorded here October 28, 1771, in Liber A A, No. 2, folio 398. Funk appears to have purchased the land in fee simple from Thomas Johns in 1765 (see deed in Liber B B, fol. 227 et seq.), and to have taken out a commission in 1770 to perpetuate the bounds of widow's mite, and then to have laid it off and sold it out as lots in Hamburg, giving- the deeds to the purchasers himself. None of these 595a— 07 8 114 GOVERNMENT OF THE DISTRICT OF COLUMBIA. deeds recite that the lots have been drawn by lottery or ballot. The deed of trust for CarroUsburg is the only authority I ca.i find for a lottery, but that ma}' be explained by the fact that not until 1792 did the statutes require a lottery to be specially authorized by the legis- lature of Maryland. (See acts of 1792, ch. 58, sec. 1.) 3. The title to CarroUsburg was in Pozer, Carroll, and Young, who deeded the same to the parties drawing - lots by deeds duly executed and recorded here. 4. The title in Hamburg was in Jacob Funk, who deeded, etc. I find no act of incorporation for either of these towns in Kilty's Laws of Maryland, and hence infer they were never incorpoi-atcd, as the acts incorporating other villages and towns in the State are quite numerous in " Kilty's." Truly, yours, Henky. Brooke. Upper Marlboro, Md., Septemher 29, 187 U. Appendix 18. A further supplement to the act concerning the territory of Columbia and the city of Washington (Lib. J G, No. 2, folio 82). Certificates to Be it enocted hy the general asserably of Maryland. That be sufficient, etc. ^ ^ ^ / , V i the certificates granted, or which may be granted, by the said commissioners, or any two of them, to purchasers of lots in the said city, with acknowledgment of the payment of the whole purchase money, and interest, if any shall have arisen thereon, and recorded agreeabh" to the direc- tions of the act concerning the territory of Columbia and the city of Washington, shall be sufficient and effectual to vest the legal estate in the purchasers, their heirs and assigns, according to the import of such certificates, with- out any deed or formal conveyance. On sales not \i And he it enacted. That on sales of lots in the said paid, property to ' be again sold, gj^y j^y ^he said Commissioners, or any two of them, under terms or conditions of payment being made therefor, at any day or days after such contract entered into, if any sum of the purchase money or interest shall not be paid for the space of thirty days after the same ought to be paid, the commissioners, or any two of them, may sell the same lots at public vendue, in the city of Washington, at any time after sixty days' notice of such sale, in some of the public newspapers of Georgetown and Baltimoretown, and retain in their hands sufficient of the money produced by such new^ sale to satisfy all principal and interest due on the first contract, together with the expenses of advertise- GOVERNMENT OF THE DISTRICT OF COLUMBIA. 115 ments and sale, and the original purchaser, or his assigns, shall be entitled to receive from the said commissioners, at their treasur}^, on demand, the balance of the money which may have been actuall}^ received by them or under their order on the said second sale; and all lots so sold shall be freed and acquitted of all claim, legal and equitable, of the first purchaser, his heirs and assigns. III. And he it enacted. That the commissioners afore- commissioners said, or any two of them, ma}^ appoint a certain day for etc. the allotment and assignment of one-half of the quantity of each lot of ground in Carrollsburgh and Hamburgh, not before that time divided or assigned, pursuant to the said act concerning the territory of Columbia and the city of Washington, and on notice thereof in the Annapolis, some one of the Baltimore, the Easton and Georgetown newspapers, for at least three weeks, the same commis- sioners may proceed to the allotment and assignment of ground within the said city, on the day appointed for that purpose, and therein proceed at convenient times till the whole be finished, as if the proprietors of such lots actually resided out of this State: Provided, That if the proprietor of any such lot shall object in person, or by writing deliv- ered to the commissioners, against their so proceeding as to his lot, before they shall have made an assignment of ground for the same, then they shall forbear as to such lot, and may proceed according to the before-mentioned act. IV. And he it enacted. That the said commissioners .e^/^*^/^ "^^'^ '^ may make a seal of ofiice of the clerk for recording deeds within the District of Columbia, which shall be kept by him; and that the like fees shall be paid for and the like credit shall be given to certificates under that seal as to the like acts under the seal of a count}" court, and the said clerk shall be entitled to demand and receive his fee when the services enjoined him by this act and the act to which this is a further supplement shall be performed. Passed the 28th of December, 1793. Appendix 19. AN ACT providing a permanent form of government for the District of Colum))ia. Section 1. 1. Be it enacted hy the Seriate and House of Representative)< of the United States of America in Congress assemhled^ That all the territory which was ceded by the State of Maryland to the Congress of the 116 GOVEENMENT OF THE DISTKICT OK COLUMBIA. United States for the permanent scat of the Government of the United States shall continue to be designated as the District of Columbia. 2. Said District and the property and persons that may be therein shall be subject to the following provisions for the government of the same, and also to any existing laws applicable thereto not hereby repealed or inconsistent with the provisions of this act. 3. The District of Columbia shall remain and continue^, a municipal corporation, as provided in section two of the Revised Statutes relat- ing to said District, and the Commissioners herein provided for shall be deemed and taken as officers of such corporation. 4. And all laws now in force relating to the District of Columbia not inconsistent with the provisions of this act shall remain in full force and effect. Section 2. 1. That within twenty days after the approval of this act the Presi- dent of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint two persons, who, with an officer of the Corps of Engineers of the United States Army, whose lineal rank shall be above that of a captain, shall be Commissioners of the District of Columbia, JOINT RESOLUTION defining a quorum of the Board of Commissioners of tlie District of Columbia and for other purposes. Resolved by tJie Senate and House of Representatives of the United States of America in Congress assembled, That any two of the Commissioners of the District of Columbia, sitting as a board, shall constitute a quorum for the transaction of business, and that the senior officer of the Corps of Engineers of the Army who shall for the time 1 leing be detailed to act as assistant (and in case of his absence from the District or disa- bility, the junior officer so detailed) shall, in the event of the absence from the Dis- trict or disability of the Commissioner who shall for the time being be detailed from the Corps of Engineers, perform all the duties imposed by law upon said Commis- sioner. Hereafter such Engineer Commissioner may, in the discretion of the Presi- dent of the United States, be detailed from among the captains or officers of higher grade having served at least fifteen years in the Corps of Engineers of the Army of the United States. Approved December 24, 1890. 2. And who, from and after ,] uly first, eighteen hundred and seventy- eight, shall exercise all the powers and authority now vested in the Commissioners of said District, except as are hereinafter limited or pro- vided, and shall be subject to all restrictions and limitations and duties which are now imposed upon said Commissioners. 3. The Commissioner, who shall be an officer detailed from time to time from the Corps of Engineers by the President for this duty, shall not be required to perform any other, nor shall he receive any other compensation than his regular pay and allowances as an officer of the Army. GOVERNMENT OF THE DISTRICT OF COLITMBIA. 117 Salary of Engineer Commissioner fixed at. $5,000, U. S. Stat, at L., vol. 21, p. 460. Hereafter the operation.s of the water department of tlie I).. C. shall be under the direction of the Engineer's Office of the District, subject to the control of the Com- missioners, vol. 22, p. 143. •1. The two persons appointed from civil life shall, at the time of their appointment, be citizens of the United States, and shall have bc(ni actual residents of the District of Columbia for three years next before their appointment, and have, during that period, claimed resi- dence nowhere else; 5. And one of said three Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annuall}' and whenever a vacancy shall occur thereafter; 6. And said Commissioners shall each of them, before entering upon the discharge of his duties, take an oath or affirmation to support the Constitution of the United States, and to faithfully discharge the duties imposed upon him by law; 7. And said Commissioners appointed from civil life shall each receive for his services a compensation at the rate of five thousand dollars per annum, and shall, before entering upon the duties of the office, each give bond in the sum of fifty thousand dollars, with surety as is required by existing law. 8. The official term of said Commissioners appointed from civil life shall be three years, and until their successors are appointed and qual- ified; l^ut the first appointment shall be one Commissioner for one year and one for two years, and at the expiration of their respective terms their successors shall be appointed for three years. (Attorney General Devens rendered an opinion July 7, 1880, that the term of office of the Commissioners appointed from civil life is three years, and not for unexpired balance of their predecessor's terms.) 9. Neither of said Commissioners, nor any officer whatsoever of the District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; 10. Nor shall any contractor be accepted as surety for any officer or other contractor in said District. Section 3. 1. That as soon as the Commissioners appointed and detailed as aforesaid shall have taken and subscribed the oath or affirmation herein- before required, all the powers, rights, duties, and privileges lawfully exercised by, and all property, estate, and effects now vested by law in the Commissioners appointed under the provisions of the act of Congress approved June twentieth, eighteen hundred and seventy-four, shall be transferred to and vested in and imposed upon said Commis- sioners; and the functions of the Commissioners so appointed under 118 aOVEENMENT OF THE DISTRICT OF COLUMBIA. the act of June twentieth, eighteen hundred and seventy-four, shall cease and determine. i 2. And the Comnii.ssioners of the District of Columbia shall have power, subject to the limitations and provisions herein contained, to apply the taxes and 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, l>ooks, papers, records, moneys, credits, securities, assets, and accounts belonoing or appertaining- to the business or interests of the government of the District of Columbia, and exercise the duties, powers, and authority aforesaid; Commissioners of the District of Columbia — expenditures of, not to exceed appropriations, vol. 22, p. 470. shall not make requisitions on U. S. for greater sums than on revenues from D. C, vol. 22, p. 471. duties of, respecting " low grounds " transferred to Secretary Interior, vol. 21, p. 47. shall not make requisition on the U. S. Treasury for a larger amount than from the revenues of the D. C. vol. 29, p. 684. 3. But said Commissioners, in the exercise of such duties, powers, and authoritj^ shall make no contract, nor incur any obligation other than such contracts and obligations as are hereinafter provided for and shall be approved by Congress. 4. The Commissioners shall have power to locate the places where hacks shall stand and change them as often as the public interests require. 5. Any person violating any orders lawfully made in pursuance of this power shall be subject to a fine of not less than ten nor more than one hundred dollars, to be recovered before any justice of the peace in an action in the name of the Commissioners. The attorney for the District holds that the Act of January 26,. 1887, repeals para- graph 5. 6. All taxes heretofore lawfully assessed and due, or to become due, shall be collected pursuant to law, except as herein otherwise provided; 7. But said Commissioners shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences thereof; 8. But they may borrow, for the first fiscal year after this act takes effect, in anticipation of collection of revenues, not to exceed two hun- dred thousand dollars, at a rate of interest not exceeding five per centum per annum, which shall be repaid out of the revenues of that year. 9. And said Commissioners are herebj^ authorized to abolish any office, to consolidate two or more offices, reduce the number of em- ploj'ees, remove from office, and make appointments to any office under them authorized by law; GOVERNMENT OF THE DISTRICT OF COLUMBIA. 119 10. Said Commissioners shall have power to erect, light and main- tain lamp-posts, with lamps, outside of the city limits, when, in their judgment, it shall be deemed proper or necessar}^: Provided^ That nothing in this act contained shall be construed to al)ate in any wise or interfere with an}' suit pending in favor of or against the District of Columbia or the Commissioners thereof, or affect any right, penalty, forfeiture, or cause of action existing in favor of said District or Commissioners, or any citizen of the District of Columbia, or any other person, but the same may be commenced, proceeded for, or prosecuted to final judgment, and the corporation shall be bound thereby as if the suit had been originally commenced for or against said corporation. 12. The said Commissioners shall submit to the Secretar}" of the Treasur}^ for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and annually thereafter, for his examination and approval, a statement showing in detail the work proposed to be under- taken by them during the fiscal year next ensuing, and the estimated cost thereof; 13. Also the cost of constructing, repairing,' and maintaining all bridges authorized ))y law across the Potomac River within the Dis- trict of Columbia, and also all other streams in said District; the cost of maintaining all public institutions of charity, reformatories, and prisons belonging to or controlled wholly or in part by the District of Columbia, and which are now by law supported wholly or in part by the United States or District of Columbia; and also the expenses of the Washington Aqueduct and its appurtenances; and also an itemized statement and estimate of the amount necessary to defray the expenses of the government of the District of Columbia for the next fiscal year: Estimates for water department shall be included in estimates of Commissioners, vol. 21, p. 466. Etimates shall be submitted to Secretary of Treasury by October 15th of each year (—Stats. — ). All estimates shall be sent to Congress through Secretary of Treasury, vol. 23, p. 254. Estimates for Freedman's Hospital shall hereafter be made by Commissioners, vol. 27, p. 373. Shall include cost of defending suits in Court of Claims, vol. 24, p. 253. Shall include estimates for Columbia Institution for Deaf and Dumb, vol. 25, jj. 962. Shall include expense of militia, vol. 25, p. 780. Shall include care of feeble-minded children, vol. 26, p. 393. Shall include expenses of support of D'. C. convicts, vol. 26, p. 408. Shall include provision for Board of Assistant Assessors and its clerk, vol. 28, p. 285. Shall include salaries of the force necessary for the care and protection of the Court House, vol. 28, p. 202. Shall include salary of the Warden of the District Jail, vol. 28, p. 202. Shall include expense of maintaining prisoners in the District Jail, vol. 28, p. 417. Shall include expense of insane, vol. 20, p. 230. To include statement of condition of business in respective Government depart- ments, vol. 28, p. 808. 120 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Annual, shall include statement of number an per cent per annum interest, together with the surplus, if an}. If any conveyance made by the Commissioners of property sold for taxes shall be set aside by the court, the party in whose favor the decree is rendered must pay to the part}" holding the conveyance the amount paid for such taxes and conveyances, with interest at 6 per GOVEENMENT OF THE DISTRICT OF COLUMBIA. 149 cent per annum. When any tax sale is for any reason set aside or canceled, the property embraced in said sale may be readvertised and sold at the tax sale next ensuing. Minors and other persons under legal disability are allowed one year after attaining age or after removal of such disability to redeem prop- ertj^ sold or bid off by the collector of taxes by payment of the amount of purchase money with 8 per cent per annum interest, together with all taxes and assessments that have been paid thereon by the purchaser between the date of sale and date of redemption with 8 per cent per annum interest on the amount of such taxes and assessments. Property sold as aforesaid is redeemable from said sale at any time within two years after last day of sale by payment to the collector of taxes, for the use of the holder of the certificate, the sum mentioned therein, exclusive of surplus, with interest thereon at 12 per cent per annum after date of such certificate. DISPOSAL OF SURPLUS. Any surplus remaining after collection of tax, penalty, etc., must be deposited by the collector to the credit of the surplus fund, to be paid to owner or owners of propert}" in the same manner as other payments made by the District, but if any property sold as aforesaid is redeemed from sale witliin the time allowed, the surplus collected at time of sale must be paid to holder of certificate. LIST OF SALES TO BE FILED WITH RECORDER OF DEEDS. The collector is required, within twent}' days (exclusive of Sundays and holidays) after last day of sale, to file with the recorder of deeds a written report stating property sold other than that sold to the Dis- trict of Columbia, to wdiom it was assessed, taxes due, to whom sold, amount paid, date of sale, cost of sale, and surplus, if any. SALE OF PROPERTY BID IN BY THE DISTRICT. If property bid in for the District of Columbia shall not have been redeemed within two j^ears from last day of sale by payment of taxes, penalties, and costs due at time of sale, and 8 per cent per annum thereon, the Commissioners may sell said propert}- at public or private sale, and issue to the purchaser a deed, which shall have the same force and effect as the deed provided for propert}^ sold at regular annual sale. The collector of taxes may, at any time before expiration of time allowed for redemption of property bid in for District of Columbia, issue certificates of taxes to an}^ person applying therefor, and if prop- erty is not redeemed within two years from date of said certificate, by payment of the face of the certificate, exclusive of surplus and 12 per cent per annum thereon, the Commissioners shall issue a deed to the holder of the certificate, which deed shall have the same force and effect as deeds given for property sold at regular annual tax sale. Deeds, however, shall not be issued, either in case of property bid in for 150 GOVERNMENT OF THE DISTRICT OF COLUMBIA. the District which has not been redeemed within two years, or property bid in for the District upon which certificates of sale are issued within redemption period, unless all taxes and assessments due on the prop- erty are paid; nor if the sale to the District was for any cause invalid or ineffectual to give title to the property. (Act Jul}' 1, 1902.) • LIST OF PROPERTY SOLD FOR TAXES OPEN TO PUBLIC INSPECTION. ' The assessor is required to prepare and keep in his office, for public inspection, a list of all real estate sold for nonpayment of general or special taxes or assessments, said list to show the date of sale, for what taxes sold, in whose name assessed at time of sale, amount of sale, when and to whom conveyed, if deeded, or if redeemed from sale, the date of redemption. (27 Stat., 37.) COLLECTION AND DEPOSIT OF REVENUES. It is the duty of the collector of taxes for the District of Columbia to collect all revenues of the District and deposit the amount collected daily with the Treasurer of the United States, and he is held responsi- ble under his bond for all taxes except such as he may not be able to collect after fully complying with the requirements of law. (20 Stat., 461; 27* Stat., 1.3.) Section 2 of the District appropriation law of March 3, 1883, pre- scribes — That hereafter all moneys appropriated for the expenses of the government of the District of Columbia, together with all revenues of the District of Columbia, from taxes or otherwise, shall be deposited in the Treasury of the United States, as required by the provisions of section 4 of an act approved June 11, 1878. (22 Stat., 470.) The collector of taxes shall at the close of each day's collections, make an aggregate of the amount so collected, and furnish to the auditor a copy thereof. (L. A. 243.) CERTIFIED STATEMENTS OF TAXES. The assessor is required to furnish certified statements, over his hand and official seal, of all taxes and assessments, general and special, that may be due and unpaid at the time of making said certificates. For each certificate a fee of 50 cents must be paid to the collector of taxes. When such certificate is issued, it is a bar to the collection from any subsequent purchaser of any tax or assessment omitted from, and which may be a lien upon the real estate mentioned in, said certificate; but such omission does not affect the liability of the person who owned the property at the time such tax was assessed. (27 Stat., 37.) REASSESSMENTS. The Commissioners of the District of Columbia are authorized and directed, in cases where general taxes or assessments for local improve- ments are quashed, set aside, or declared void by the supreme court of the District of Columbia by reason of imperfect or erroneous descrip- tion of the propert}^ against which same was levied, by reason of such tax or assessment not having been authenticated by proper ofiicer, by reason of a defective return of service of notice, or for any technical GOVERNMENT OF THE DISTRICT OF COLUMBIA. 151 reason other than the right of the public authorities to levy the tax or assessment, to reassess the property in question, with power to collect such reassessment. Said reassessment, however, must be made within ninety da3's after judgment or decree of court quashing or setting aside such taxes or assessments. Any amount theretofore paid on the assessment which has been declared void shall be credited upon the reassessment. (29 Stat., 98, and 30 Stat., 721.) DESIGNATIONS OP PARCELS OF LAND. Act of March 3, 1899, prescribed a system for numbering each lot, part of lot, or parcel of land in the District of Columbia. The object of this act was to procure uniformity in this respect and to prevent duplications in numbers. TRANSCRIPTS OF DEEDS, WILLS, ETC. Act of March 3, 1899, section 3, is as follows: That the Commissioners of the District of Columbia shall cause to be made a daily transcript and entry on the records of said assessor of the designations of lots or parcels of land in said District appearing in instruments of conveyance received for record in the office of the recorder of deeds and the designations of lots or parcels of land in said District transferred by j^ro bated wills; and the per- son or persons whom the Commissioners of said District may designate for the purpose of making such transcripts shall for this purpose at all times, during office hours, have full access to the records of the recorder of deeds and the register of wills of said District. * * * Special Assessments, assessment and permit work. The Commissioners of the District of Columbia are authorized (28 Stat., 2-17 and 218), whenever in their judgment the same is necessary for the public health, safety, or comfort, or when application is made therefor, accompanied by a deposit equal to one-half the estimated cost of the work, to improve and repair alleys and sidewalks, and to construct sewers and sidewalks of such form and materials as they may determine, and to pay the total cost of said work from appropriations for assessment and permit work. Notice must be given by advertisement, twice a week for two weeks, in two newspapers published in the city of Washington, of any such assessment work proposed to be done, designating the location and kind of work, specifying the kind of materials to be used, the esti- mated cost, and fixing a time and place when and where property owners about to be assessed may appear and present objections thereto and for hearing thereof. One-half of the total cost of such improve- ments, including expenses of assessment, must be charged against and become a lien upon abutting property, and assessment therefor must be levied pro rata according to the linear frontage of such propert}" . Notices of the levying of such assessments must be served upon each lot owner, if he or she be a resident of the District and his or her residence known; and if he or she be a nonresident of the District, or 152 GOVERNMENT OB' THE DISTRICT OF COLUMBIA. his or her residence unknown, such notice must be served upon his or her agent or tenant, as the case may be; and if there be no agent or tenant known to the Commissioners, then they shall give notice of such assessment by advertisement, twice a week for two weeks, in some newspaper published in the District. Service of such notice where owner or his or her tenant or agent resides in the District must be either personal or by leaving the same with some person of suitable age, at the residence or place of business of such agent, owner, or tenant, and return of such service must be made in writing and filed in the ofiice of the Commissioners. The costs of publication of notice and service of notices are paid out of the appropriation for assessment and permit work. One-half of the cost of such work must be paid to the collector of taxes as follows: One-third within sixt}' days after service of notice of assessment, without interest; one-third within one year, and the remainder within two years from date of service of notice, interest being charged at 8 per cent per annum from date of service of notice on amounts unpaid at expiration of sixty days after service of notice of assessment. Anj^ property upon which such assessment and accrued interest thereon, or any part thereof, remains unpaid at expiration of two years from date of service of notice of assessment, shall be subject to sale therefor under the same conditions and penalties imposed for nonpay- ment of general taxes. If any property, assessed as heretofore explained, shall become liable to sale for any other assessment or tax whatever, then the assessments levied as hereinbefore explained become immediatel}^ due and payable, and the property against which they are levied maj^ be sold therefor, together with the accrued interest thereon and the costs of advertising to date of such sale. Property owners who request improvements under the permit s^^stem must deposit, in advance, with the collector of taxes, an amount equal to one-half the estimated cost of such improvements, and in such cases it is not necessary to give notices, as hereinbefore stated. All moneys received by the collector of taxes for work done upon request of property owners must be deposited b}^ him in the United States Treasury to the credit of the permit fund. Upon completion of the work done, as aforesaid, at request of prop- erty owners, the Commissioners must repay to the then current appro- priation for assessment and permit work, out of the permit fund, a sum equivalent to one-half the cost of the work, and shall return to the depositors from the said fund, when application is made therefor, any surplus that may remain over and above one-half the cost of the work. (28 Stat., 247 and 248.) HOUSE CONNECTIONS. The cost of service connections with water mains and sewers are assessed against the lots for which said connections are made, and GOVEENMENT OP THE DISTRICT OF COLUMBIA. 153 collected in same manner and upon same conditions as to notice, as provided for assessment work. (28 Stat., 248.) OPENING, AVIDENING, ETC., OF MINOR STREETS AND ALLEYS. In the opening, widening, extending, or straightening of minor streets or allej^s the Commissioners are authorized to make application in writing to the marshal of the District of Columbia to summon and impanel a jury of twelve citizens who have no interest in the real estate in question. It is the duty of the marshal to summon and impanel the jury, who, having taken oaths in writing to discharge the duties imposed upon them, shall ascertain and appraise the damages which ma}" accrue to any real estate by said opening, widening, extend- ing, or straightening of minor streets or alleys, which damages shall be the value of the land at the time of taking. Said jury shall file a statement in writing in the ofiice of the Commissioners of the District of Colmubia, and a duplicate in the office of the recorder of deeds, of the damages so ascertained and appraised, and the amount thereof must be paid by the District of Columbia to the persons respectively entitled thereto out of any funds available therefor. The jury shall also apportion, according to the benefits sustained by each lot or part of a lot of land in said square by the opening, widen- ing, extending, or straightening of such minor street or alley, the amount of said damages ascertained and appraised as aforesaid, includ- ing $5 for service of marshal when actualh' employed and $5 per diem for service of each of said jurors when actuall}" employed. The jury shall make return of said apportionment to the recorder of deeds and the Commissioners of the District of Columbia, designating each lot or part of lot of land in such square so benefited and the amounts so apportioned to each, respectively. In case of failure to pa}^ the amounts so apportioned, the Commissioners, or some one designated by them, must levy an assessment upon each lot or part of lot of land in accordance with such apportionment, the same to be collected as other special assessments upon real estate are collected, said assess- ments, however, bearing interest at the rate of 10 per cent per annum. The marshal must give at least ten days' written notice to each pro- prietor of land affected of the time and place of the meeting of such jurors, return of service of notice to be made by the marshal to the Commissioners, the manner of delivery of such notices being more par- ticularh" described in section 1613 of the Code of Laws of the District of Columbia. (Code, 1608 to 1613.) EXTENSIONS OF STREETS AND AVENUES. Ill the case of extensions of streets and avenues provided for by law, the Commissioners are authorized to petition the supreme court of the District of Columbia for the condemnation of land necessary for such extension, said court appointing a jur}" for that purpose, and the jury making return of benefits and damages to abutting property. 154 GOVEENMENT OF THE DISTKICT OF COLUMBIA. Assessments are then levied for benefits to abutting- property, such assessments being payable in five equal annual installments, with interest at 4 per cent per annum after sixty days from confirmation of verdict of jury; but in cases of awards for damages onl}^ that part of said award is paid by the District as may be in excess of assessment for benefits, and there is credited on assessment for benefits the amount of any award for damages not in excess of said assessment. If the aggregate amount of benefits to be assessed as determined by the jury is less than one-half of the amount of award for damages, the Commissioners may, in their discretion, reject the award and assess- ment, and all proceedings thereunder shall in that event be null and void. (Act of June 6, 1900.) / - - ' ' '^ ' " ASSESSMENTS FOR WATER MAINS. The Commissioners of the District of Columbia shall have the power to lay water mains and water pipes and to erect fire plugs and hj^drants wherever the same may be, in their judgment, necessary for the public safety, comfort, or health. (26 Stats., 159.) They shall have all the powers and be subject to all the duties and limitations provided in chapter 8 of the Revised Statutes of the United States relating to the District of Columbia, excepting such powers and duties as belong to the Chief of Engineers. (21 Stats., 9.) Water-main taxes and water rents shall be uniform in said District, (lb.) Assessments for laying water mains shall be at the rate of $1.25 per linear front foot against all lots or land abutting upon the street, road, or alle}^ in which the water main shall be laid. Corner "lots shall be taxed only on their front, with a depth of not exceeding 100 feet; any excess of the other front over 100 feet shall be subject to above rate of assessment. (28 Stats., 275.) Owners of property affected must be notified that the same has been assessed b}' a notice to be served upon such owner if he or she be a resident of the District of Columbia and his or her residence known. If the owner be a nonresident, or his or her residence unknown, notice shall be served upon his or her agent or tenant. Service of such notice, where the owner or his or her agent or tenant resides in the District of Columbia, shall be either personal or by leaving the same with some person of suitable age at the residence or place of business of such owner, agent, or tenant, and return of such service, stating the manner thereof, shall be made in writmg and filed in the office of the Commissioners. If there be no agent or tenant known to the Com- missioners, notice of assessment shall be given, by the ofiicer desig- nated by the Commissioners to perform that duty, by advertisement, once a weeli for two successive weeks, in some daily newspaper pub- lished in said District. In said publication each several piece of prop- erty must be described in separate paragraphs, and the costs of such GOVERNMENT OF THE DISTRICT OF COLUMBIA. 155 publication must be added to amount of assessment and collected in the same manner that the assessment is collected. (Act of February 21, 1901.) Assessments are payable in three equal installments, the first being payable, without interest, within thirty days from the service of notice or of last publication of notice of assessment, as the case may be; the second within one year and the third within two years from date of such service or of last publication of notice, interest at 6 per cent per annum being charged on all amounts remaining unpaid at the expira- tion of thirty days from date of service of notice or of last publicatioii of such notice. (Ibid.) If, however, the entire assessment is paid within thirt}" days from date of service of notice a discount of 6 per cent is allowed. (L. A., June 23, 1873.) Any parcel of land the entire area of which was assessed for water main by the square foot, and such assessment paid under the provisions of act of legislative assembly approved June 23, 1873, is exempt from further assessment for water main. (Ibid.) If water-main assessments are quashed or set aside by the court by reason of any technicality, the Commissioners are authorized to reas- sess the lot or parcel of land against which assessment was levied, but such reassessment must be made within thirty days from date of can- cellation. (Act of July 8, 1898, and 29 Stat., 98.) The levy, assessment, or reassessment of water-main tax for water mains laid prior to June 2, 1900, becomes due, payable, and collectible on each lot, parcel of land, or premises on and after the date on which the connection is made from the water main to the said lot, parcel of land, or premises; but assessments for mains laid subsequent to June 2, 1900, became due, payable, and collectible immediately after the lew, regardless of the date of the introduction of water. (30 Stats., 722.) Outside of the city of Washington assessments against land not sub- divided into blocks and lots must be made on a frontage of not exceed- ing 100 feet for each lot or parcel of land, and shall be considered in any subsequent subdivision as extending to a depth of not exceeding 100 feet from the front of said lot or parcel of land. (30 Stats., 722.) Water-main assessments must be levied and authenticated by the Commissioners of the District of Columbia, who must designate the official whose duty it is to notif}' the owner or agent of any lot or land of such assessments. (30 Stat., 722.) The assessor was designated for this duty by order of Commissioners dated November 17, 1900. In an}^ assessment or reassessment levied under provisions of act of July 8, 1898, owner of lot or parcel of land assessed nuist be credited with an}' amount which may have been paid prior to date of said act upon an}' water main assessment levied against such lot or parcel of land. (30 Stat, 722.) 156 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The costs of service connections with water mains and sewers shall be assessed against the lots for which said connections are made, and shall be collected in the same manner and upon the same conditions as to notice as herein provided for assessment work. (28 Stats., 24Y.) All moneys received on account of laying- of water mains and all other moneys received on account of the water department must be deposited to the credit of the water fund, to be used exclusively for the support of the water department. (L. A., June 23, 1873.) No special assessments are levied for the cost of grading or paving carriageways. ASSESSMENTS FOR REMOVING OR SECURING DANGEROUS STRUCTURES. The costs of removing or securing, by the District of Columbia, dangerous structures, upon refusal or neglect of owners to perform such work after due notice, must be assessed against the land upon which structure or structures stand or stood, and unless such assess- ment is paid within ninety days from service of notice the same shall bear interest at rate of 10 per cent per annum from date of assessment until paid and shall be collected as general taxes are collected. (30 Stat, 123.) ASSESSMENTS FOR INCLOSING DANGEROUS WELLS, ETC. The cost of fencing or otherwise inclosing, by the District of Colum- bia, lots upon which exist uncovered wells or other dangerous holes or excavations, after neglect or refusal of owner to perform such work upon due notice, shall be assessed as a tax against the property on which such nuisances exist, the tax so assessed to bear interest at rate of 10 per cent per annum and to be carried on regular tax rolls and collected in manner provided for collection of other taxes. (30 Stat., 921.) ASSESSMENTS FOR REMOVAL OF WEEDS. The expense of removal, by the District of Columbia, of weeds of 4 inches or more in height from unoccupied land in the city of Wash- ington or its more densely populated suburbs, upon failure or neglect of owner to perform such work, shall be assessed against the property on which such weeds were located, and said assessments shall bear interest at rate of 10 per cent per annum until paid, shall be carried on regular tax rolls of the District, and paid in manner provided for col- lection of general taxes. (30 Stat., 959.) ASSESSMENTS FOR DRAINING LOTS. In case owner or owners of lots, after due notice, fail or neglect to connect such lots with water mains and sewers, as required by law, the Commissioners shall cause such connections to be made, the expense to be paid out of the emergency fund, such expense, with necessary costs of advertising, to be assessed as a tax against such lots, which tax GOVERNMENT OF THE DISTEICT OF COLUMBIA. 157 shall be carried on regular tax rolls and be collected in manner pro- vided for collection of other taxes. (29 Stat., 126.) The Commissioners are also authorized to make such connections upon any street or avenue about to be paved or otherwise improved before any such pavement or other permanent works are put down, the costs of such connections to be assessed as explained above, (20 Stat., 107; 28 Stat., Ill; 20 Stat., 126.) SPECIAL POLICEMEN AT STREET-RAILWAY CROSSINGS. The Commissioners are authorized and required to station special policemen at such street-railway crossings and intersections in the city of Washington as they may deem necessary, the expense of such serv- ices to be paid pro rata by the respective railwav companies. (30 Stat., 189.) ASSESSMENTS FOR CLEANING OF OFFENSIVE CESSPOOLS. For cleaning offensive cesspools, hy the District of Columbia, in cases where owners or other responsible parties fail or neglect to per- form such work, after due notice, the Commissioners are authorized to assess the cost thereof as a tax against the property benefited, which tax shall be carried on the regular tax roll and collected in the manner provided for collection of other taxes. (30 Stat., 233.) LIGHTING TRACKS OF STEAM RAILWAY COMPANIES. All railway companies using engines propelled b}^ steam must pay the District of Columbia for the lighting of the streets, avenues, lands, and grounds through which their tracks maj^ be laid. In case of default of such payment, actions at law may be maintained b}- the District of Columbia against said railway companies. (22 Stat.. 106.) COSTS OF ERECTION OF FIRE ESCAPES. If the owners, proprietors, lessees, or trustees of buildings used as factories, manufactories, tenement houses, seminaries, colleges, academies, hospitals, or as3dums, fail to provide such buildings with fire escapes, standpipes, ladders, lights, and alarm gongs, as required b}^ law, after due notice from the Commissioners, such fire escapes, etc., must be erected by the Commissioners, and the costs thereof assessed as a tax against the building on which they are erected and the ground upon which the same stands, and the Commissioners shall issue tax- lien certificates against such buildings and grounds for the amount of such assessment, bearing interest at rate of 10 per cent per annum, which certificates may be turned over by the Commissioners to the contractor for performing the work. (28 Stat., 810.) ASSESSMENTS FOR REMOVING SNOW, ICE, DIRT, ETC. In case the owner or tenant of any house, lot, building, or land shall neglect to cause to be removed snow, ice, sand, dirt, gravel, etc., from paved sidewalks adjacent to said property, as required by law, the 158 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Commissioners shall cause removal of same, the costs of which shall be assessed as a tax against the property to which the sidewalks in question belong, and the said tax so assessed shall be carried on the regular tax roll and collected in manner pro^^ided for collection of other taxes. (28 Stat., 809.) ASSESSMENTS FOR PAVING STREETS ADJACENT TO STREET-RAILWAY TRACKS. When any street or avenue through which a street railway runs shall be paved, such railwa}^ companies shall bear all of the expense for that portion of the work lying between the exterior rails of the tracks of such roads and for a distance of 2 feet from and exterior to such tracks, on each side thereof, and of keeping the same in repair; and when street railways cross any street or avenue the pavement between the tracks of such railway shall, at the expense of the company own- ing the tracks, be made to conform to the pavement used upon such street or avenue. If any street-railway company shall neglect or refuse to perform the work required, said pavement shall be laid by the District of Columbia and the costs collected from such company by issuing certificates of indebtedness against the property, real or personal, of such railway compan}^, which certificates shall bear inter- est at the rate of 10 per cent per annum until paid, and which, until paid, shall remain a lien upon the property on or against which they are issued, together with the franchise of said compan}^; and if such certificates are not paid within .one 3^ear the Commissioners may pro- ceed to sell the property against which they are issued, or so much thereof as may be necessary to pay the amount due, such sale to be first advertised dail}'^ for one week in some newspaper published in the city of Washington, and to be at public auction, to the highest bidder. (20 Stat, 106.) TAXATION OP PERSONAL PROPERTY. The board of personal tax appraisers consists of the assessor, chair- man, and the two members of the board of assistant assessors detailed to that duty as hereinbefore explained. (xVct of Jul}^ 1, 1902, and 28 Stat., 282.) The assessor is required to annually cause to be prepared a printed blank schedule of all tangible personal property and of general mer- chandise, stock in trade, owned or held in trust, or otherwise, subject to taxation, and of the classes of corporations and companies to be assessed, together with the rate of tax prescribed, to which shall be appended an affidavit in blank, setting forth that the return presents a full and true statement of all such personal property, taxable capital, or other basis of assessment, or either, as the case maj^ be. When said schedule is ready for delivery, notice thereof must be given by the assessor by advertisement for three successive secular GOVERI^ENT OF THE DISTRICT OF COLUMBIA. 159 days in one or more of the daily newspapers published in the District of Columbia, and a copy of said schedule must be delivered to any citizen applying therefor at the office of the assessor. These schedules Qiust be filled out and sworn to, and returned to the office of the asses- sor within thirt}^ days after the last publication of advertisement. The members of the board of personal tax appraisers are authorized to administer, without charge, oaths for this purpose. For failure to make return within specified time, 20 per cent of assessed valuation of personal property is added. Upon the filing of these returns the two members of the board of assistant assessors designated by the assessor to assess personal prop- erty' must, under the direction and supervision of the assessor, assess personal propert3^ If the board of personal tax appraisers is not satisfied as to the correctness of an}' return of personal propertj^ they may reject the same, and said board, or any one of the members thereof, may, from the best information he or they can procure, by making such an examination of the personal property as ma}^ be pi'acticable, assess the same in such amount as may to him or them seem just, and notice of the rejection of the return shall l)e given to the party interested by leaving the same at the address given in said return. In all cases, however, there is the right of appeal to the board of personal tax appeals, hereinafter referred to, within fifteen days after delivery of said notice of rejection. Any person making a false affi- davit as to taxation of personal projDert}^ is deemed guilty of perjury, and upon conviction is subject to the penalties provided for that offense. If the personal-tax appraisers fail to complete any of the duties required by law to be performed by them within the time specified, the taxation based upon the same is not, by reason thereof, invalid, but the appraisers must proceed with all reasonable diligence to com- plete such duties, and their acts are valid as if performed within the time provided therefor. If at any time within an^^ current year property suliject to taxation shall l)e discovered to have been omitted from assessment, the board of personal-tax appraisers shall immediatel}' assess the same for the then current year, giving notice in writing to the persons or corpora- tion so assessed, who shall have the right of appeal within ten days from date of said notice. BOARD OF PERSONAL-TAX APPEALS. The board of five (act of July 1, 1902, and 28 Stats., 282, in act of April 28, 1901) assistant assessors, with the assessor as chairman, com- pose a board of personal-tax appeals, which must convene in a place provided therefor by the assessor, on the first Monday in February of each year, public notice of the time and place of such meeting having 160 GOVERNMENT OF THE DISTRICT OF COLUMBIA. been given by advertisement for two consecutive secular days in two dail}'' newspapers published in the District of Columbia. It is the duty of this board, between the day of convening to and including the second Monday in IMarch of each year (act of April 28, 1904), to hear all appeals made by any person or persons against the assessments made by the board of personal-tax appraisers, and to impartially equalize the valuation of said personal propery as the basis for assessment. Any four members of said board shall constitute a quorum for busi- ness, and in the absence of the assessor a temporary chairman may be chosen. The board is empowered to diminish or increase such assess- ments as they may believe to have been returned at other than their true value to such amount as in their opinion may be the value thereof, and the action of the board in such cases is final. DISTRAINT AND SALE. When the taxes on personal property due and payable in each 3^ear shall not be paid on or before the 1st of June, the collector of taxes or his deputy may distrain sufficient goods and chattels found within the District of Columbia and belonging to the person charged with such tax to pay the taxes remaining due, together with the penalty thereon, and the costs that may accrue; and for want of such goods and chattels • said collector of taxes may levy upon and sell at auction the estate and interest of such person in any parcel of land in said district; and in the case of the levy on any estate or interest in land the proceedings subse- quent to sale thereof are the same as provided by law in the case of sales for arrears of taxes against real estate; and in case of distraint of per- sonal propert}^ or the levy upon real estate, as aforesaid, the collector of taxes must immediately proceed to advertise the same by public notice, to be posted in the office of said collector, and by advertisement three times within one week, in one or more of the daily newsj)apers pub- lished in said District, stating the time when and the place where such property will be sold, the last publication to be at least six da^^s before the date of sale, and if the said taxes and penalty thereon, and the costs and expenses which shall have accrued thereon, shall not be paid before the day fixed for such sale, which must not be less than ten days after said levy or taking of said property, the collector must proceed to sell at public auction in his office to the highest bidder such property, or so much thereof as may be needed to pay such taxes, penalties, and accrued costs and expenses of such distraint and sale. Said collector must report in detail in writing every distraint and sale of personal property to the Commissioners of the District of Colum- bia, or their successors in office, and his accounts in respect to every such distraint or sale must forthwith be submitted to the auditor of the District of Columbia and be audited by him, An}^ surplus result- ing from such sale over and above such taxes, costs, and expenses GOVERNMENT OF THE DISTRICT OF COLUMBIA. 161 must be paid into the Treasuiy, and upon being claimed by the owner or owners of the goods and chattels aforesaid must be paid to him or them upon the certificate of the collector of taxes stating in full the amount of such excess. BATE OF TAXATION ON PERSONAL PROPERTY. On all tangible personal propert}" assessed at a fair cash value (over and above the exemptions provided), including vessels, ships, boats, tools, implements, horses, and other animals, carriages, wagons, and other vehicles, there must be paid li per cent on the assessed value thereof. The taxes for private banks and bankers, general brokers, and note brokers date from the 1st day of July in each year and expire on the 30th day of June following. Said taxes date from the first day of the month in which the liability begins, and payment must be made for a proportionate amount. EXEMPTIONS OF PERSONAL PROPERTY. The following personal property is exempt from taxation : The personal property of all library, benevolent, charitable, and scientific institutions incorporated under the laws of the United States or of the District of Columbia and not conducted for private gain. Libraries, schoolbooks, wearing apparel, articles of personal adorn- ment, all family portraits, and heirlooms. Household and other belongings, not held for sale, to the value of $1,000, owned b}" the occupant of any dwelling house or other place of abode, in which such household and other belongings may be located. PENALTY FOR VIOLATION OF LAW. Any person violating any of the provisions of the personal-tax law is liable to a penalty of not exceeding $500 for each offense, such penalty to be imposed upon conviction in the police court of the Dis- trict as other fines and penalties are imposed, and in default of pay- ment of such penalty the person or persons so convicted shall be imprisoned, in the discretion of the court, not exceeding six months. (Act approved July 1, 1902.) LICENSES. All licenses are issued by the assessor, over his hand and official seal. No person is permitted to carry on any business, trade, profession, or calling, for which a license is imposed, without having first obtained such license. Applications for licenses must be made to the assessor, and no license can be granted until pajnuent for the same shall have been made. Each license must specify the name of the person to whom issued, the business, trade, profession, calling, etc., for Avhich 595 a— 07 11 162 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. it is granted, {ind the location at which such business is to be carried on. Licenses may be assigned or transferred upon application, under the terms and conditions applicable to the original granting of the same, and the assessor must issue a certificate of such transfer upon payment of a fee of 50 cents. When more than one business, trade, profession, calling, etc., for which a license is prescribed, shall be car- ried on by the same person, a license must be obtained for each such business, etc. Licenses are good only for the location designated thereon, and no license can be issued for more than one place of busi- ness without payment of separate tax for each. All licenses date from the 1st of November and expire on the 31st of October following, except those specially designated in the following list. Licenses issued at any time after beginning of license year date from first day of month of issue and end the last day of license year, payment being made for proportionate amount of license tax. In cases where license is less than |5 per annum they terminate one year from first day of month of issue. No one holding a license is permitted to allow any other person charged Avith a separate license to operate vmder his license. All licenses must be conspicuously posted on premises of the licensee, and be accessible at all times for inspection by police officers or others authorized in that respect. Licensees having no located place of busi- ness must exhi])it their licenses when requested to do so by proper authorities. Applications for licenses for hotels and theaters must have written approval of inspector of buildings and chief of fire department. Any license issued to proprietor of a theater or other public place of amusement may be terminated by the Commissioners whenever it shall appear to them that after due notice the person holding such license shall have failed to comply with such regulations as ma}^ be prescribed by the Commissioners for the public decency. (Act of March 1, 1901.) Proprietors of hotels can not obtain a license for less than $30 per annum. An act to prevent fraudulent transactions on the part of commission merchants, approved March 21, 1892, is made api^licable to auctioneers, their agents, and emplo3"ees. Drivers of licensed passenger vehicles, while transacting such busi- ness, must wear upon their breasts a badge numbered to correspond with license of his vehicle, such badge being furnished by District of Columbia upon payment of fee of 50 cents. In addition to license for proprietors of liver}- stables, the}" nuist obtain licenses for any vehicles owned by them occupying public stands. The Commissioners must approve applications for licenses for vehi- cles for transportation of passengers operated over a definite route. GOVEENMENT OF THE DISTKICT OF COLUMBIA. 163 Dealers in general merchandise of every description must pay li per cent on their average stock in trade for the preceding year. It is unlawful for any person or persons entering the District of Columbia subsequent to June 30 in each year and establishing a place of business for the sale of goods, wares, or merchandise, either at private sale or at auction, to conduct such business until a sworn state- ment of the value of said stock has been filed with the assessor of the District of Columbia, who shall thereupon render a bill for the unex- pired portion of the fiscal year at the same rate as other personal taxes are levied. The assessor is authorized to reassess said stock whenever in his judgment it has been undervalued. The goods, wares, and mer- chandise of any person or persons who shall fail to pa}^ the tax required within three da3^s after beginning business are subject to distraint, and the assessor must place bills therefor in the hands of the collector of taxes, who must seize sufficient of the goods of the delinquent to satisfy said tax. The owner, however, has the right of redemption within thirtj^ days on payment of said tax, to which must be added a penalty of 1 per cent, together with the costs of seizure. The col- lector must sell such goods as are not redeemed at public auction after advertisement for three days preceding said sale. Hotel companies and the proprietors of hotels are required to pay 1^ per cent on the assessed value of their furniture. Each national bank, as the trustee for its stockholders, through its president or cashier, and all other incorporated banks and trust com- panies in the District of Columbia, through their presidents or cash- iers, and all gas, electric lighting, and telephone companies, through their proper officers, must make affidavit to the board of personal-tax appraisers on or before the 1st da}^ of August each year as to the amount of its or their gross earnings for the preceding year ending the 30th da}^ of June, and must pay per annum on such gross earn- ings as follows: Each national bank and all other incorporated banks and trust companies, respectively, 6 per cent; each gas company, 5 per cent; each electric lighting and telephone company, 1 per cent. And in addition thereto the real estate owned b}^ each national or other incorporated bank and each trust, gas, electric lighting, and telephone compan}' in the District of Columbia is taxed as other real estate in said District. Street railroad companies pay 4 per cent per annum on their gross receipts and other taxes. Insurance companies pay li per cent on premium receipts. All companies who guaranty the fidelity of any individual or indi- viduals, such as bonding companies, pay li per cent of their gross receipts in the District of Columbia. Savings banks having no capital stock and paying interest to their depositors must, through their president or cashier, make affidavit to the board of personal-tax appraisers on or before the 1st day of 164 GOVERNMENT OF THE DISTRICT OF COLUMBIA. August in each 3^ear as to the amount of their surplus and undivided profits, and pay a sum equal to 1^ per cent on the amount of their surplus and undivided profits on the 30th day of June preceding. The capital stock of all corporations other than those herein provided for, organized in the District of Columbia or under the laws of any of the States or Territories of the United States, chiefly for the purpose of, and transacting business within, the District of Columbia, except those exempted by the laws relating to the District of Columbia, is appraised in bulk at its fair cash value by the board of personal-tax appraisers, and the corporation issuing the same is liable for the tax thereon according to such value, and must pa}^ a sum equal to 1^ per cent on the assessed valuation thereof; but from the assessed valuation of such capital stock is first deducted the value of any and all real estate owned b}^ such corporation in said District, which real estate is separatel}^ taxed against said corporation. This does not include newspaper, real estate, and mercantile companies, which by reason of incorporation receive no special franchise or privilege; but all such corporations are rated, assessed, and taxed as individuals conducting business in similar lines are rated, assessed, and taxed. Building associations pa}" to the collector of taxes of the District of Columbia -i per cent per annum on their gross earnings for the pre- ceding year ending June 30. All taxes levied under the foregoing provisions of this law are due, payable, and collectible in May of each year, and are subject to the same penalties for nonpaj^ment thereof as the general tax on real estate, until distraint or sale. Private banks or bankers, not incorporated, pay a tax of $500 per annum. General brokers pay a tax of $250 per annum. The Wash- ington Stock Exchange paj^s $500 per annum in lieu of tax on mem- bers thereof for business done on said exchange. An}" broker who is a member of a regularly organized stock exchange located outside of the District of Columbia and transacting a brokerage business therein, pays $100 per annum. If any person or firm shall have paid the tax provided for banks and bankers, such person or firm can not again be taxed as a broker or brokers. Note brokers pay a tax of $100 per annum. Exceptions are made of cooperative associations whose busi- ness is restricted to the members of such association. For entertainments given in church premises or private residences, where the proceeds are for church or charitable purposes and no rental is charged, no license is required. Applications for licenses for shooting galleries must be accompanied with certificate from inspector of buildings that suitable precautions have been taken for public safety, and with written authority from majority of occupants and residents on the same side of the square in which proposed gallery is to be located, and also on confronting side GOVERNMENT OF THE DISTRICT OF COLUMBIA. 165 of the square fronting opposite to the same. The chief of police is authorized to prescribe the caliber, firearms, and kind of cartridges to be used. The Commissioners have discretion to refuse licenses for merry-go- rounds, flying horses, etc. Applications for licenses for massage establishments, mediums, clair- voyants, soothsayers, fortune tellers, and palmists must have the approval of the chief of police. Hucksters are furnished with badges corresponding to nmnber of license, which must be worn while transacting business, in addition to a corresponding number which must be attached to their vehicles. Hucksters' licenses need not be procured by persons bringing and sell- ing at the several markets produce of their own raising. The fire marshal must approve applications for licenses for buildings for storage of inflammable materials. Persons violating any of the provisions of the license law, upon conviction thereof in the police court of the District of Columbia, are punishable by a fine of not more than |500 for each offense, and in default of pa3^ment, by imprisonment not exceeding thirt}^ days, in the discretion of the court. (Act approved July 1, 1902.) PERMIT FEES, LICENSE FEES, AND MISCELLANEOUS CHARGES. [Notes.— L. A., legislative assembly; B. R., building regulations; W. D., Webb's Digest of the laws of the former city of Washington. * Indicates that the fee is not a public revenue.] « Agricultural exhibits, November 1, $100 per annum, $10 per week, $5 each subse- quent week, $3 per day. Amusements not otherwise provided for, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Apothecaries, November 1, $6 per annum. Art exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Athletic grounds, $20 per week, $5 per day. Auctioneers, November 1, $100 per annum. Automatic machines. (See Slot machines. ) Automobiles, autovehicles, etc., July 1, $9 per annum. Automobile establishments, November 1, $25 license for ten vehicles or less per annum, $2 each additional vehicle. Awning ijermits, $1 each awning. (B. R., sec. 31.) Balls, $3 per night. Bankers, private (not incorporated), July 1, $500 per annum. Barrooms, November 1, $800 per annum. Baseball grounds, $20 per week, $5 per day. Baths, November 1, $25, Turkish, Russian, or medicated, per annum. Billposters, November 1, $20 per annum. Billiard rooms, November 1, $12 per annum for each billiard, bagatelle, jenny lind, or pool table, shuffle board, or other legitimate game table. Boarding houses (public), November 1, $1 per annum for each room. Boiler and engine permits, $1 each plant. (B. R., sec. 31.) Boxing schools, November 1, $12 per annum. Brewers, November 1, $250 per annum. 166 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Brewers' agents, November 1, $250 per annum. Brokers, real estate, November 1, $50 per annum. Brokers, railroad ticket, November 1, $25 per annum. Brokers, general, July 1, $250 per annum. Brokers, general (members of stock exchange), July 1, $100 per annum. Brokers, note, July 1, $100 per annum. Building contractors, November 1, $25 per annum. Buildings, new, permit for, $2 each building. (B. R., sec. 33.) Building permits, repairs or alterations, $1 each building. (B. R., sec. 31.) Carnivals, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Carriages for hire, July 1, $6, drawn by one animal, per annum; $9, more than one animal, per annum; $9, by other motive power, per annum. Carriage and wagon making establishments, November 1, $25 per annum. Cattle dealers, November ] , $15 per annum. Cattle exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Cigar dealers, November 1, $12 per annum. Circuses, $200 per day. Claim agents, November 1, $25 per annum. Clairvoyants, November 1, $25 per annum. Commission merchants, November 1, $40 per annum. Concerts, $3 per night. Confectionery establishments, November 1, $12 per annum. Contractors of all kinds, November 1, $25 per annum. Cook shops, November 1, $18 per annum. Dairy lunches, November 1, $18 per annum. Deadly and dangerous weapons. Dealers in are required to file bonds of $1,000 each, but no fee is charged. (27 Stats., 117.) Dealers in markets, November 1, $5 per annum. Death, certificate of, 50 cents each. (29 Stats., 695. ) Dentiil examiners, board of; examinations by, $10; certificates of, $1. (27 Stats., 43.) Distillers or rectifiers, November 1, $250 per annum. Dog licenses, $2 each dog per annum. (20 Stats., 173.) Dogs, release of, from pound, $2 each dog. (20 Stats., 174.) Druggists, November 1, $6 per annum. Eating houses, November 1, $18 per annum. Electromobiles, July 1, $9 per annum. Employment oflSces, November 1, $10 per annum. Engineers, steam. (See Steam engineers.) Entertainments, $3 per night. Entertainment halls, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Excavations in streets, $1 each. (B. R., sec. 31.) Exhibition halls, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Exhibits — agricultural, art, cattle, floral, food, freaks, industrial, mechanical, muse- ums, poultry, side shows, etc., November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Fairs, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Fencing schools, November 1, $12 per annum. Fish-wharf privilege, annually sold to highest bidder. (W. D., 147.) * Fish-wharf charges: Shad and other large fish at the rate of 20 cents per 100, her- ring at the rate of 20 cents per 1,000. ( W. D., 147-149. ) GOVERNMENT OF THE DISTRICT OF COLUMBIA. 167 Florists, November 1, $15 per annum. * Flour, inspection of, 1 cent and one drawing per barrel or half barrel; 1 cent per 196 pounds of flour in sacks; |5 in appeals to commissions of flour inspection. (30 Stats., 766.) Flying horses. (See Merry-go-rounds.) Football grounds, $20 per week, $5 per day. Fortune tellers, November 1, $25 per annum. Fuel hucksters, November 1, $5 per annum. Gas meters, inspection of, 50 cents each new meter, 20 cents for each repaired meter. (18 Stats., 279.) General brokers, July 1, $250 per annum. General brokers (members of stock exchange), July 1, $100 per annum. Golf grounds, $20 per week, $5 per day. Gymnasiums, November 1, $12 per annum. Hacks. (See Carriages. ) Hand laundries, Novemljer 1, $10 per annum. Hay scales, annually, on or about July 10, sold to the highest bidder at public auc- tion. (L. A.,369.) Hay, straw, fodder, or oats in the straw, fee of weighmaster for weighing: *For loads of 500 pounds or less, each, 10 cents. (L. A., 368. ) *For loads between 500 and 2,000 pounds each, 35 cents. (//>. ) *For loads over 2,000 pounds each, 50 cents. (Attorney's Opinions, vol. 4, 309- 485.) *For bundles or packages, each, 2 cents. (L. A., 368). Heating plants, changes in, permits $1. (B. R., sec. 31.) Hotels, November 1, $1 i)er annum for each room for the accommodation of guests. Hucksters, April 1, $12 per annum for each vehicle. Ice-cream parlors, November 1, $18 per annum. Improvement and land companies. (See Land and improvement companies.) Inflammable oils, November 1, $10 per annum for storing quantity exceeding 5 barrels. Information bureaus, November 1, $10 per annum. Insurance: All companies and associations. For filing charter and other qualifying docu- ments, together with issuing license to company, such license authoiizing the company to issue only its own policies, $10. Local and foreign companies. Fee to be paid by the company, $50. Each insurance company, local or foreign, desiring to act as agent for the purpose of receiving business from another company, or from agents or representatives of any other comisany, is required to jjrocure a "general insurance license." Foreign companies. Fee to be paid by the agent, $50. Must be licensed under section 646 before they can in any way do business in the District of Columbia. A foreign company issuing its own policy to a person in the District of Columbia is not required to be represented by a principal or policy- writing agent. If such a company desires, however, to do business in the District by issuing policies there, then its representatives must hold a "general insurance lioense." Principal or policy- writing agent's license. Fee to be paid by the agent, $50. This "general insurance license" may be issued to a person, or a firm not exceeding two members, or an association, or to a corporation, or secretary or assistant secretary of either of such bodies having such officers. Under this form of license an unlimited number of companies may be represented by an agent; and power is granted to the licensee to appoint solicitors for each com pany he represents. A policy-writing agent may also act as broker. 168 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. Insurance — Continued. Brokers' ' 'general insurance license. ' ' Fee to be paid by broker, $50. This license carries with it all the privileges granted a principal or policy-writing agent, except that the licensee can not issue policies nor appoint solicitors. A broker represents no company, but places the business he controls wherever he elects in companies that are licensed to do business in the District of Columbia. Solicitor's license. Fee to be paid by the solicitor, |5. A solicitor must be em- ployed in some capacity by a company or its principal agent. License privilege is limited to one company only and the name of such company must be embodied in the license. Industrial solicitor's license. Fee to be paid by the solicitor, $2. Limited to one company, and the name of such company must appear in the license. Licenses for companies, agents, solicitors, and brokers now doing business in the Dis- trict will bear date as of January 1, 1902, and be in force until April 30, 1902, fees for which must be prepaid. Applications for annual licenses for the same must be applied for and prepaid during the month of March, 1902. Annual licenses take effect May 1, 1902. All licenses are transferable by assignment, fee for each assignment being 25 cents. (Order February 4, 1902.) Intelligence offices, November 1, $10 per annum. Investment associations, November 1, $100 per annum. Junk dealers, $40 per annum. (26 Stats., 841.) Land and improvement companies, November 1, $50 per annum. Laundries, November 1, $20, steam or other power, per annum; $10 per annum, operated by hand. Lawn fetes. (See Picnics. ) Lecture halls, November 1, $100 per annum; $10 per week; $5 each subsequent week; $3 per day. License, transfer of, 50 cents each. Livery stables, November 1, $25 per annum for 10 stalls; $2 each additional stall. Liquor dealers, retail, November 1, $800 per annum. Liquor dealers, wholesale, November 1, $300 per annum. Liquors, brewers or manufacturers of, November 1, $250 per annum. * Lumber, inspection of, 30 cents per 1,000 feet B. M. (W. D., 462.) Market dealers of all kinds, November 1, $5 per annum. Market stalls, schedule of monthly rates fixed by Commissioners, as follows: Eastern Market — Butcher, bacon, butter, and miscellaneous stands, $4 each; fish, huckster, and baker stands, $3 each. (Orders March 14, 1879; April 28, 1894.) Western Market — Stands for butchers, $7 each; for bacon, $6 each; for all others, $5 each. Sixty-eight stands are owned by dealers, who purchased them at auction November 15, 1876, for thirty years, and only pay half of said rental rates. (See orders of Commissioners, November 15, 1876; February 26, 189 L) Georgetown Market — All stands, $5 each. (Orders of December 1, 1894, and October 31, 1894.) Massage establishments, November 1, $25 per annum. Maturity associations, November 1, $100 per annum. *Medical examiners, board of, examination by, $10. (29 Stats., 199.) Medicated baths. (See Baths). Mediums, November 1, $25 per annum. Merry-go-rounds, $12 per week; $10 each subsequent week; $3 per day. Note brokers, July 1, $100 per annum. Omnibuses, July 1, $6 per annum, one animal; $9 per annum, more than one animal. Oyster houses, November 1, $18 per annum. Palmists, November 1, $25 per annum. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 169 Passenger transportation lines, November 1, |6 per annum for each vehicle not exceeding 10 passengers; |12 exceeding 10 passengers. Pa\vn])rokers, November 1, $100 per annum. Peddlers, April 1, $25 per annum. * Pharmacy, commissioners of, for registration without examination, $3; witii exami- nation, $10. (20 Stats., 138.) Picnic grounds, November 1, $100 per annum; $10 per week; $5 each subsequent week; $3 per day. Plumbing board, examination and license of each applicant for master plumber's license, $3. (30 Stats., 477.) Polo grounds, $20 per week ; $5 per day. Pool rooms, November 1, $12 per annum. Private banks or bankers (not incorporated), July 1, $500 per annum. Produce dealers, April 1, $12 per annum for each vehicle. Public school tuition of nonresident pupils: High school, $43.79; eighth grade, $30.42 seventh grade, $25.08; sixth grade, $23.60; fifth grade, $20.53; fourth grade, $20 third grade, $17.27; second grade, $16.42; first grade, $15.26. (30 Stats., 1056 order of Commissioners, September 20, 1899. ) Race tracks, $20 per week; $5 per day. Real estate brokers. (See Brokers, real estate. ) Rectifiers. (See Distillers. ) Restaurants, November 1, $18 per annum. Russian baths. (See Baths.) Secondhand dealers of all kinds, November 1,$40 per annum. "Seeing Washington cars." (See Passenger transportation lines.) Shed permits, $1 each shed. (B. R., sec. 31.) Shooting galleries, November 1, $12 per annum. Skating rinks, November 1, $100 per annum; $10 per week; $5 each subsequent week; $3 per day. Slot machines, November 1, $2 per annum, each ma,chine; $50 per annum, unlimited number. Soothsayers, November 1, $25 per annum. Steam engineers' licenses are of three grades — first, second, and third — the fee for each being $3. Examination before board of engineers is required. Licenses are good until revoked or changed to higher grade. (Act of February 28, 1887. ) Stock exchange, Washington, July 1, $500 per annum. Surveyor's fees: For preparing for record a plat of the proposed subdivision of any recorded lot or part of lot, 50 cents for each lot in the new subdivision. For preparing for record a plat of a proposed subdivision containing one or more squares, not more than $20 shall be charged for the subdivision of each entire square. For recording the above plats, after approval by the Commissioners of the Dis- trict of Columbia, $2.50 for each square and $1.50 for any lot or part of a square. For furnishing a copy of the plat and record of any square or part of square, $2.50. For examining any plat and calculating the area of any proposed sublot, 25 cents. For preparing plats showing lines of any proposed minor street or alley to accom- pany petition for condemnation, $5 for each plat. For surveying and marking upon the ground the boundaries of any lot within the city of Washington east of Rock Creek, $3; within the city of Washington west of Rock Creek, $4; in the District of Columbia outside of the city of Washington in any subdivision recorded since 1888 and the lines of which are duly marked by stones approved by the surveyor of the District of Columbia, $5. The above shall include a certified plat of the survey for the property owner or applicant. 170 GOVERNMENT OF THE DISTRICT OF COLUMBIA, Surveyor's fees — Continued. For surveying and marking upon tlie ground the boundaries of any piece of ground in the county of Washington not contained in a subdivision recorded and marked as stated in the previous paragraph, |20 per day for each day occupied in the field work and $10 per day for each day occupied in comput- ing lines, areas, and other office work. For surveying and ascertaining the position of walls of any building with respect to the lines as laid down on plat of record in the surveyor's office or according to the description contained in deed, $5 if building stands on a single lot; |7.50 if building stands on two lots, and $10 if building stands on three or more lots. For examining the location of the walls of any building when the same shall have reached a height of not more than one foot above the footings, $1. For any work not specifically described above the actual cost of labor and mate- rial will be charged. No work will be begun by the surveyor for any private parties until the actual estimated cost of the same has been deposited with the collector of taxes and his receipt recorded in the office of the surveyor of the District of Columbia. (Orders of Commissioners, March 23, 1895, and February 7, 1902.) Tax certificates, 50 cents each. (27 Stats., 37. ) Theaters, November 1, $100 per annum, $20 per week, $10 less than one week. Ticket brokers, railroad. (See Brokers, ticket.) Tournaments. (See Race tracks. ) Turkish baths. (See Baths. ) Transfers of licenses, 50 cents each. Undertakers, November 1, $25 per annum. Vaults under streets, $1 each vault. (B. R., sec. 31.) Vehicles for hire, July 1, $6 per annum one animal, $9 more than one, $9 horseless or motor. Victuallers, November 1, $18 per annum. Wagon-making establishments. (See Carriage-making establishments.) Walls, party, measuring, $5 each. (B. R., sec. 31.) Washington Stock Exchange, July 1, $500 per annimi. Water rents, schedule of: Armories, according to fixtures. Bakeries, from $3 to the amount requiring meter ($25). Barber shops, first chair, $3; each additional chair, $1.50 per annum. Barroom and restaurants, from $15 to the amount requiring meter ($25). Billiard room, from $5 to the amount requiring meter ($25). Boarding schools and schoolhouses, according to the number of fixtures. Brickyards, $10 to the amount requiring meter ($25). Building purposes, 3 cents for each 1,000 bricks laid and 1^ cents for each cubic yard of stone masonry or concrete walls. Machinery used for hoisting shall l:»e charged for at rate of stationary engine. Special rates shall be charged for public works. Charity schools, etc. (See Orphan asylums.) Clubs and clubrooms, according to fixtures. Colleges (law, medical, and business, etc.), according to fixtures. Cows, 25 cents each. Domestic use: The rate for domestic purposes shall be charged according to stories and front feet. On all tenements two stories high, with a front width of 16 feet or less, $3.50 per annum. For each additional front foot, or fraction thereof, 25 cents. Note. — In cases where the frontage of a house is greater than the depth the rent will be based upon the less dimension. GOVERNMENT OF THE DISTRICT OF COLUMBIA. l7l Water rents, schedule of — Continued. Uomestic use — Continued. In the case of houses situated on triangular or irregular lots and having a frontage on two or more streets the rent will be based upon the mean depth, or mean frontage, depending upon which is less. For each additional story or part thereof, one-third of the charges as com- puted above. Note. — The word story shall be held to include basements, cellars, and attics, used, or fitted out for use, for domestic purposes. Dyehouses, $5 to the amount requiring meter ($25). Eating houses and lunch rooms, from $5 to the amount requiring meter ($25). Fixtures in business establishments, as follows: Wash basins, sinks, water- closets, and urinals, $3 each per annum. Florists shall be charged at a rate of from $5 to the amount requiring meter ($25). Fountains, supplied through meters in all cases. Gas and meters. Gas engine, $4 per horsepower. Horses, private, for each and every horse $1.50, said sum to include water for washing carriages; horses for all other purposes, 75 cents each per annum. Laundries, $10 to the amount requiring meter ($25). Machinery using water, according to the rate for stationary engines and boilers. Meter rates: The rate to be charged for water supplied through meters shall be 3 cents per 1,000 gallons. The supply of water shall be determined by meter to all manufacturing establishments, hotels, swimming baths, bottling establishments, gas tanks, railroad yards, steamboats and wharves, and other places requiring a large quantity, including all premises using fountains or automatic flushing tanks and all premises for business purposes on which the water rent according to the following schedule of rates are $25 or more per annum. The listing of certain premises on that schedule does not exempt them from the requirements of the law with regard to the use of meters. In case of premises required by law to be supplied with water by meter the supply of water to any portion thereof, for any purpose, shall be deter- mined by meter. In every case where dwelling houses or tenements are occupied also for business purposes, or vice versa, the regular charge for domestic purposes according to the above rates shall be made, and in addition thereto the special business rate specified in this schedule. Mills, $5. Machinery extra, according to the rate for stationary engines. Offices and office buildings, according to fixtures. Orphan asylums, etc. : The Commissioners of the District of Columbia are hereby authorized to furnish Potomac water without charge to orphan asylums and charity schools, and such institutions as receive annual appropriations from Con- gress, to an amount to be fixed in each case by said Commit^sioners, not to exceed the rate of 100 gallons per average capita of mmates per diem; and for all water used beyond such an amount the institution shall be charged at the prevailing rate for the use of water in the District. They are further authorized to furnish Potomac water without charge to churches to an amount to be fixed in each case by the Commissioners; any amount used in excess to be charged as hereinbefore provided. (30 Stats., 543; act June 30, 1898. ) An order fixing the amounts was made March 23, 1899. (L. S., 105, 240C. O.) 172 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Water rents, schedule of — Continued. Printing liouses, from $5 to $10 per annum. Machinery in same using water shall be charged in addition thereto according to the rate of stationary engines. Photograph galleries, |10 to the amount requiring meter ($25). Public baths, $4 per annum for each and every tub. Stationary engines, $3 per horsepower. Boilers without engines, $1.75 per horsepower. Stores, shops, confectioneries, and warehouses, $1 to the amount requiring meter ($25). Street washers, where parties use same and water is not taken in the house, shall be charged at the rate of from $3 to $10 per annum. P^xterior fountains, street washers," and other hose connections may be used only between the hours of 5 o'clock and 8 o'clock p. m., and 6 o'clock and 8 o'clock a. m. Slaughterhouses, from $5 to the amount requiring meter ($25). In charging business establishments for using Potomac water not supplied through meters, no allowance or deduction from the schedule rates shall be made on account of water claimed to be supplied from wells. Reserve boilers and machinery shall be cliarged for at full schedule rates. All water required for purjjoses which are not specified in the foregoing schedule shall be paid for at such rate as maj' be fixed by the Commissioners. All annual water rents are due and payable in advance on the 1st day of July in each year. All charges for specific supplies or for fractional parts of a year are due and payable in advance of the use of the water. In all cases of failure to pay the annual water rent within thirty days after the same is due and payable, and charges for specific supplies or fractional parts of a year in advance of the use of the water, the supply shall be cut off, and the flow not again restored until the water rent is paid, as also a penalty of $2 and the actual expense, if any, incurred by the water department in cutting the street for the purpose of shutting off and restoring the flow of water. Whenever the owner of any premises shall make request of the water registrar in writing, on or before the beginning of the fiscal year, to have the water cut off from such premises, before the begin- ning of the said fiscal year, for the reason that the premises are to be closed for a certain period, and shall upon his return request the water registrar in writing to turn on the water, the water rent against said premises shall be counted only from the date that the water is turned on, instead of from the beginning of the fiscal 3'ear. (Order November 1, 1900.) All persons taking water are hereby required to keep their service pipes and all the fixtures connected with such service pipes in good condition and repair and protected from frost, at their own expense; to prevent all unnecessary waste of water, and keep the trench in which their service pipe was laid, from the main to the building line, in good order and condition. The hose shall not be used in the avenues or streets to wash off car- riages, omnibuses, or other vehicles, or for watering or washing horses. Caps upon the said pavements or street washers must, when the washers are not in use, be kept screwed securely down and not project above the foot pavement. GOVERNMENT OF THE DISTEICT OF COLUMBIA. 178 The Commissioners reserve the right, whenever they may deem it necessary, in order to furnish the supply required for domestic uses, to cause the flow of water to bo discontinued for all other purposes. If any person or persons shall remove the cover from any stopcock box or turn on or off the supply of water by means of said stopcock on the service pipe or otherwise, without the authority of the water registrar, such person or persons shall be liable to a line of not less than fdO nor more than $50 for each offense. If any occupant of premises into which has been introduced the water shall permit the same to run or waste unnecessarily from any hydrant, cock, jet, street washer, or other fixture, or to flow from his fountain into adjacent premises and there used, or to be taken from or used by any person other than said occupant or a member or visitor of his family, except in case of fire; or if any hydrant, jet, cock, street washer, or other fixture be found leaking, and said occupant, owner, or agent of the premises shall refuse or neglect to have the necessary repairs made without delay; or refuse admission to the water registrar or other authorized agent of the Commissioners into his premises when in the oflicial discharge of his duties, the person so offending shall pay a fine of not less than $5 nor more than $30 for each offense, and the supply of water shall be stopped from said premises until satisfactory assurance is given the water registrar that the like case will not occur again. Weights and measures, for testing and sealing, as follows: Dry measure, over half bushel |0. 25 Dry measure, half bushel or less: 1 to 10, inclusive (each) 10 1 to 25, inclusive (each) 09 1 to 50, inclusive (each) 08 1 to 100, inclusive (each) 07^- Ice cream measure: 1 to 50, inclusive ( each ) 10 1 to 100, inclusive (each) 08 1 to 200, inclusive (each) 07 200 or over (each) 06 Liquid measures over 1 gallon ( each) .25 Liquid measures, 1 gallon or less: 1 to 10 measures, inclusive (each) 10 1 to 25 measures, inclusive (each) 09 1 to 50 measures, inclusive (each) 08 1 to 100 measures, inclusive (each) 072 Milk can, 1 gallon or more: 1 to 50 cans, inclusive (each ) 25 1 to 100 cans, inclusive (each) 20 Over 100 cans (each) 15 Milk bottles and jars, glass (each 100 bottles) 50 Scales, coal, semiannually 2. 00 Scales, counter, semiannually 25 Scales, counter, platform, over 200 pounds, semiannually 1. 00 174 GOVEENMENT OF THE DISTEICT OF COLUMBIA. Scales, counter, platform, under 200 pounds, semiannually $0. 50 Scales, hay, semiannually 2. 00 Scales, platform, semiannually 1. 00 Scales, potato, semiannually 25 Scales, railroad, large, semiannually (first 10 tons) 2. 00 Scales, railroad, large (each ton over 10) 25 Scales, spring balance, ' ' quarterly, ' ' January 1 to July 1 , 1903 15 Spring balance, semiannually after July 1 , 1903 25 Scales, wagon, semiannually 2. 00 Weights, sealing of ( each) 10 Yard measures sealed, annually ( each ) 10 (28 Stats., 811. Orders of Commissioners, April 23, 1896; August 16, 1897; July 29, 1901. ) Washington Market Company. Franchise rental per annum, $7,500. Wharf for sale of fish. (See Fish wharf. ) Wharf property along James Creek Canal, rent of, 8 per cent per annum on estimated value. (Order of Commissioners of November 5, 1890. ) Wharves on Potomac River, rental of. Wood, inspection of, 9 cents per cord. (W. D., 276.) Assessed valuation of real j:>ropertij for the fiscal year to end June 30, 1903. Improve- ments. Tax at $1.50 per $100. City of Washington. Suburban $94,232,257 24, 899, 842 $77,159,075 $171,391,332 12,324,400 37,224,242 ,570,870.00 558, 363. 63 119, 132, 099 , 483, 475 208, 616, 574 The valuation of assessable personal property for the same period has not been completed, but it is roughly estimated at $35,000,000, taxable also at the rate of $1.50 per $100. EXCISE BOARD. The excise board determine to whom license to sell intoxicating liquors by wholesale or retail shall be issued. Their action is regulated by law and rules and regulations which they are authorized by law to make. (See p. 144.) This board consists of the assessor as ex officio chairman, and the three permanent assistant assessors, who are designated by the assessor to assess real property, and compose said board. (Act July 1, 1902.) For the license fees for selling such liquors see "Methods of taxa- tion." auditor's office. The auditor has general oversight of the financial affairs of the Dis- trict of Columbia. He passes upon all accounts affecting the general revenues, which are derived from taxes, licenses, fines in the police and criminal courts, fees from justices of the peace, market rentals, and minor miscellaneous sources, together with those relating to the water fund and the various special and trust funds. He is also GOVERNMENT OF THE DISTRICT OF COLUMBIA. l75 required by law to audit all disbursements made wholly or in part from District revenues, unless the acts of Congress appropriating- therefor specifically provide otherwise, as in the case of the sinking fund, the expenditures of which are under the control of the Treasurer of the United States, ex officio commissioner of the sinking fund; to prepare and countersign all checks issued by the disbursing officer — none involving the disbursement of public moneys being valid without his signature^ — and to render monthly to the Auditor for the State and other Departments detailed statements, with accompanying vouchers, of all expenditures made by the disbursing officer, duly certified by the Commissioners of the District of Columbia. DISBURSEMENTS. All disbursements of District moneys, except where otherwise specifically provided by law, as those for the sinking fund, which are made by the Treasurer of the United States, ex officio commissioner of that fund, are made by the disbursing officer upon claims or accounts audited and approved b}^ the auditor of the District of Columbia. The disbursing officer is appointed by the Commissioners of the District of Columbia, and gives bond to the United States in the sum of $50,000, conditioned for the faithful performance of the duties of his office in the disbursing and accounting, according to law, for all moneys of the United States and of the District of Columbia that come into his hands; which bond must be approved by the Commis- sioners and the Secretary of the Treasury and be filed in the office of the Secretary of the Treasury. Advances in money, for which he must account, are made to him from the United States Treasury on the requisition of the Commissioners, and his checks for disburse- ments must be countersigned by the auditor. But in order to further insure accuracy, the organic law requires that the accounts of said Commissioners and the tax collectors and all other officers required to account shall be also settled and adjusted by the accounting officers of the Treasury Department of the United States! (20 Stats., 105.) This auditing falls within the purview of the Auditor for the State and other Departments, subject to review by the Comptroller of the Treasur3^ FISCAL YEAR. The fiscal year begins with July 1 and terminates with the 30th of the succeeding June. SINKING FUND. The management of the funded debt of the District is vested by law in the Treasurer of the United States. The sinking fund of this debt 176 GOVEBWMENT OF THE DISTBICT OF COLUMBIA. is paid by the United States and the District of Columbia in equal parts. On March 31, 1903, the funded debt amounted to $12,917,250, all but $13,000 of which was in 3.65 percent bonds. The amount of these bonds issued to that date was $11,969,300, or within $30,700 of the limit fixed by law. (21 Stats., 286.) PROPOSALS FOR MUNICIPAL WORK. When any repairs of streets, avenues, alleys, or sewers within the District of Columbia are to be made, or when new pavements are to be substituted in place of those worn out, new ones laid, or new streets opened, sewers built, or any works the total cost of which shall exceed the sum of $1,000, notice must be given in one newspaper in Wash- ington, and if the total cost shall exceed $5,000 then in one newspaper in each of the cities of New York, Philadelphia, and Baltimore, also, for one week, for proposals, with full specifications as to material for the whole or any portion of the works proposed to be done. (20 Stats., 105.) The lowest responsible proposal for the kind and character of pave- ment or other work which the Commissioners shall determine upon must in all cases be accepted, but the Commissioners have the right, in their discretion, to reject all such proposals. (lb.) The Commissioners also invite proposals for all kinds of work, material, supplies, and other purchases involving any considerable cost, and whenever in their judgment the public interests will be best subserved thereby. CONTRACTS. Work capable of being executed under a single contract shall not be subdivided so as to reduce the sum of money to be paid therefor to less than |1,000. (lb.) All contracts for the consti'uction, improvement, alteration, or repairs of the streets, avenues, highways, alleys, gutters, sewers, and all work of like nature must be made and entered into onl}'^ by and with the official unanimous consent of the Commissioners of the Dis- trict, (lb., 106.) The Commissioners may make separate contracts for materials and for labor in executing public works. (22 Stats., 125.) All contracts shall bo copied into a l)ook kept for that purpose and be signed by the said Commissioners, and no contract involving an expenditure of more than $100 shall be valid until recorded and signed as aforesaid. (20 Stats., 106.) "Pursuant to an order dated August 2, 187S, all contracts are pre- pared by and recorded by the Engineer Commissioner. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 177 The Comptroller of the Treasury orally advised the Commissioners that books composed of one of each of the original contracts bound together would meet the requirements of this law as to copying con tracts into a book. This secures accuracy and also obviates the labor of transcribing them, which involves the copying of a large amount of printed matter included in the forms. OFFICERS AND CONTRACTORS' BONDS. Good and sufficient bonds to the United States, in a penal sum not les.s than 25 per centuiiL of the cost, with sureties to be approved b}^ the Commissioners of the District of Columbia, shall be required from all contractors, guaranteeing that the terms of their contracts shall be strictly and faithfully performed to the satisfaction of and acceptance by said Commissioners. (20 Stats., 106.) Neither of said Commissioners, nor any officer whatsoever of the District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any con- tractor be accepted as surety for any officer or other contractor in said District, (lb., 103.) BIENNIAL EXAMINATION OF OFFICIAL BONDS. Every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to iix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years, and as much oftener as he may deem it necessar3^ (281, Stats., 807.) RENEWAL OF OFFICIAL BONDS. Every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, or oftener if he deem such action necessary. In his discretion a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service, pending the appointment and qualification of his successor. The nonperformance of any of said requirements on the part of any official of the Govern- ment shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States, and the liability of the principal and sureties on all official bonds shall con- tinue and cover the period of service ensuing until the appointment and qualification of the successor of the principal; nor shall anything in the foregoing be construed to repeal or modify section 3836 of the Revised Statutes of the United States. (lb.) , '- j 595 a— 07 12 1 ^^ ^ * 178 GOVERNMENT OF THE DISTRICT OF COLUMBIA. TERM OF CONTRACTORS LIABILITY. Contractors shall keep new pavements or other new works in repair for a term of five 5''ears from the date of the completion of their con- tracts. (20 Stats., 106.) RETENTS FROM CONTRACTORS. Ten per cent of the cost of all new works shall be retained as an additional security and a guaranty fund to keep the same in repair for said term (20 Stats., 106), which said per cent may be invested b}- the Treasurer of the United States, at the request and risk of the con- tractor, in any class of bonds of the United States or of the District of Columbia, whenever the retent is $100 or more. (24 Stats., 501.) PUBLIC SCHOOLS. The supreme court of the District of Columbia is authorized to appoint nine persons, bona tide residents of the District of Columbia, and who have been such for five years immediately preceding their appointment, to constitute a board of education, and whose term of office is three years, except that the terms of the persons first appointed terminate as follows: Three for one 3' ear, three for two years, and three for three years, to serve without compensation. The board has complete jurisdiction over all administrative matters connected with the public schools of the District of Columbia, except that all expenditures of public funds for such school purposes are made and accounted for as now provided by law under the direction and control of the Commissioners of the District of Columbia. The board makes all needful rules and regulations which ma}' be proper for the government and control of schools, and makes annual report to the Conmiissioners of the District of Columbia, who transmit the same to Congress, of the condition and operations of said schools, and the sanitary and structural condition of all buildings in use, as well as those in course of construction, with recommendations as to needed changes. The board has power to appoint one superintendent for all the pub- lic schools of the District of Columbia, two assistant superintendents — one of whom, under the direction of the superintendent, has charge of schools for colored children; and has power to employ and remove all teachers, officers, and other emplovccs connected with the public schools not already specified. Graduates of the normal schools have preference in all cases when appointments of teachers for the grade schools are to be made. The superintendent shall have the direction of and super\'ision in all matters pertaining to the instruction in all the schools under the board of education. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 179 Twelve medical inspectors of public schools, four of whom shall be of the colored race, at $500 each, shall be appointed by the Commis- sioners onl}" after competitive examination, and shall have had at least five j^ears' experience in the practice of medicine in the District of Columbia, and shall perform their duties under the direction of the health officer and according to rules formulated from time to time b}^ him, which shall be subject to the approval of the board of education and the Commissioners. The board annually sends to the Commissioners of the District of Columbia an estimate in detail of the amount of money required for the public schools for the ensuing year, which the Commissioners include in their annual estimate of appropriations for the District of Columbia, with such recommendations as they deem proper, (bl Stats., 564.) For convenience of administration the schools are classified into divisions, each of which includes a certain number of schools and is under the immediate surveillance of a separate supervising principal; but these divisions have no definite geographical boundaries. The maximum number of pupils enrolled in the public schools of the District of Columbia was 51,992—35,201 white and 16,791 colored; an increase of 762 over the enrollment of 1906. One thousand and thirty-eight white teachers and 498 colored teachers were employed. PAY OF OFFICERS. The pay of officers shall be as follows: The superintendent, $5,000; the assistant superintendents, $8,000 each; director of intermediate instruction, supervisor of manual training, and supervising prin- cipals, $2,200 per annum, with an increase of $100 per 3'ear for five years. Director of intermediate instruction, supervisor of manual training, and supervising principals who may be hereafter appointed shall be appointed at the minimum salary provided unless the said salary is less than that received at the time of his appointment. When a teacher is on trial or being investigated he or she shall have the right to be attended by counsel and by at least one friend of his or her selection. NONRESIDENT PUPILS. Pupils shall not be admitted to nor taught free of charge in the public schools of the District of Columbia who do not reside in said 180 GOVERNMENT OF THE DISTRICT OF COLUMBIA. District, or whose parents do not reside or are not engaged in busi- ness or public duties therein: Provided^ That such pupils may be admitted to and taught in said public schools on payment of such amount, to be fixed by the board of school trustees, with the approval of the Commissioners of the District, as will cover the expense of their tuition and cost of text-books and school supplies used by them; and all payments hereunder shall be paid into the Treasury, one-half to the credit of the United States and one-half to the credit of the District of Columbia. INDUSTRIAL HOME SCHOOL. This institution is situated on the east side of the Tennallytown road, a short distance north of the city of Washington. Its object is to provide for the care and elemental instruction in handicraft, in connection with the ordinary mental studies, of children between the ages of five and fifteen years who, from indigency or neg- lect, would otherwise be deprived of such care and instruction. (29 Stats., 410.) It is managed by a board of trustees appointed by the Commissioners. PUBLIC LIBRARY. This institution is located on Mount Vernon Square, which belongs to the United States, but the building was erected at a cost of $350,000, at the expense of Mr. Andrew Carnegie, whose action in the mat- ter was inspired by a suggestion made to him by Hon. Brainard H. Warner. The books and other publications and manuscripts are obtained through appropriations of public revenues for the purpose, and from grants by public-spirited resident and nonresident donors. It is man- aged by a board of trustees appointed by the Commissioners. BOARD OF CHARITIES, A Board of Charities, to consist of five members, residents of the Dis- trict, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, each for a term of three years, but in such manner that the terms of not more than two of them shall expire in any one or the same year. The members of said board / shall serve without compensation. No member shall serve as trustee or other administrative oflicer of any institution subject to the visita- tion of the said board. The board shall elect a president and vice- president from among its own members, and shall appoint a secretary and such other ofiicers, inspectors, and clerks as it may deem proper, and fix the number, duties, and compensation thereof subject to appro- priations of Congress. The said Board of Charities shall visit, inspect, and maintain a gen- eral supervision over all institutions, societies, or associations of a GOVERNMENT OP THE DISTRICT OF COLUMBIA. 181 charitable, eleemosynary, correctional, or reformatory character which are supported in whole or in part by appropriations of Congress, made for the care or treatment of residents of the District of Columbia; and no payment shall be made to any such charitable, eleemosynary, cor- rectional, or reformatory institution for any resident of the District of Columbia who is not received and maintained therein pursuant to the rules established by such Board of Charities, except in the case of persons committed by the courts, or abandoned infants needing imme- diate care. The officers in charge of, all institutions subject to the supervision of the Board of Charities shall furnish said board, on request, such information and statistics as may be desired; and to secure accurac}^ uniformity, and completeness of such statistics the board may prescribe such forms of report and registration as may be deemed to be essential; and all plans for new institutions shall, before the adoption of the same, be submitted to said board for suggestion and criticism. The Commissioners of the District of Columbia may at any time order an investigation by the board, or a committee of its members, of the management of any penal, charitable, or reformatory institution in the District of Columbia; and said board or any author- ized conuuittee of its members, when making such investigation, shall have power to send for persons and papers and to administer oaths and affirmations; and the report of such investigation, with the testimony, shall be made to the Commissioners. All accounts and expenditures of said board shall be certified as may be required by the Commis- sioners, and paid as other accounts against the District of Columbia. The said board shall make an annual report to Congress, through the Commissioners of the District of Columbia, giving a full and complete account of all matters placed under the supervision of the board, all expenses in detail, and all officers and agents emploj^ed, with a report of the secretary, showing the actual condition of all institutions and agencies under the supervision of the board, the character and econ- omy of administration thereof, and the amount and sources of their public and private income. The said report shall also include recom mendationsforthe economical and efficient administration of the chari- ties and reformatories of the District of Columbia. The said board shall prepare and include with its annual report such estimates of future appropriations as will, in the judgment of a majority of its members, best promote the effective, harmonious, and economical man- agement of the affairs under its supervision; and such estimates sub- mitted shall be included in the regular annual Book of Estimates. No member or employee of said board shall be either directly or indirectly interested in any contract for building, repairing, or furnishing any institution which the board is authorized to investigate and supervise (31 Stats., 664:). 182 GOVEENMENT OP THE DISTRICT OF COLUMBIA. BOARD OF children's GUARDIANS. AN ACT to provide for the care of dependent children in the District of Columbia and to create a Board of Children's Guardians. That there shall be created in and for the District of Columbia a board to be know as the Board of Children's Guardians, composed of nine members who shall serve without compensation, the said board to be a bod}' politic and corporate and to have the powers and to be con- stituted in the manner hereinafter provided. Sec, 2. That the members of the Board of Children's Guardians shall be appointed by the judges of the police court and the judge holding the criminal court of the District of Columbia, met together for that purpose, the assent of a majority of such judges being necessary to appointment in each case: Provided^ That there shall always be at least three representatives of each sex upon the board. Of the nine members first appointed after the passage of this act, three shall be appointed for one year, three for two years, and three for three years. Thereafter all appointments, except such as shall be made for the remainder of unexpired terms, shall be for the term of three years. The judges of the police court and the judge holding the criminal court, or a majority of them, when met together for that purpose, may remove for cause an}' member of the board : Provided^ That such mem- ber shall be given an opportunity to be heard in his own defense. Sec, 3, That the board shall elect from its own members a president, vice-president, and secretary, who shall severally discharge the duties usual to such offices, or such as the by-laws of the board may pre- scribe. The board shall have the power, subject to the approval of the Commissioners, to employ not more than two agents, at an annual com- pensation not exceeding two thousand four hundred dollars for the two, and prescribe their duties, and to conclude arrangements with persons or institutions for the care of dependent children at such rates as may be agreed upon. Sec. 4, That said board shall have the care and supervision of the following classes of children: First. All children committed under section two of the act approved February thirteenth, eighteen hundred and eighty -five, entitled, "An act for the protection of children in the District of Columbia, and for other purposes," Second. All children who are destitute of suitable homes and adequate means of earning an honest living, all children abandoned by their parents or guardians, all children of habitually drunken or vicious or unfit parents, all chil- dren habitually begging on the streets or from door to door, all chil- dren kept in vicious or immoral associations, all children known by their language or life to be vicious or incorrigible whenever such chil- dren may be committed to the care of the board by the police court or the criminal court (*f the District; and power is hereby given to these courts to commit such children when not over sixteen years of age to said board: Provided^ That the laws regulating the commitment of GOVERNMENT OF THE DISTRICT OP COLUMBIA. 183 children to the reform schools of the District shall not be deemed to be repealed in any part by this act. Third. Such children as the board of trustees of the Reform School for Boys or the Reform School for Girls may, in their discretion, commit to the Board of Children's Guardians, and power is hereby given the board of trustees of the said reform school to commit any inmate of their respective institutions to the said board of guardians, conditionally upon the good behavior of the child so committed. Fourth. Under the rules to be established by the board, children may be received and temporarily cared for pending investigation or judgment of the court. Sec. 5. That the board shall be the legal guardian of all children committed to it by the courts, and shall have full power to board them in private families, to board them in institutions willing to receive them, to bind them out or apprentice them, or to give them in adoption to foster parents. Children received from the reform schools shall be placed at work, bound out or apprenticed, and at an}^ time before attaining majority may be returned to the school from which they came, if in the judgment of the board of guardians such a course is demanded by the interest of the community or the welfare of the child. All children under the guardianship of the board shall be visited not less than once a year by an agent of the board, and as much oftener as the welfare of the child demands. Children received temporarily may not be kept longer than one week, except by order of the police court or the criminal court. Sec. 6. That the antecedents, character, and condition of life of each child received by the board shall be investigated as fulh' as possible, and the facts learned entered in permanent records, in which shall also be noted the subsequent history of each child, so far as it can be ascertained. Sec. 7. That the Commissioners of the District shall have authority to prescribe the form of records to be kept l\v the board of guardians, and the methods to be employed by them in paying bills and auditing accounts; and an annual report of its operations hereunder shall be made by the board to the superintendent of charities. The superin- tendent of charities shall have full powers of investigation and report regarding all branches of the work of the board, as well as over all institutions in which children are placed by the board; and it shall be his duty to recommend annually the appropriations which in his judg- ment are necessary to the carrying on of its work. Approved, July 26, 1892. (27 Stats., 268.) AN ACT to enlarge the powers of the courts of the District of Columbia in cases involving delinquent children, and for other purposes. He it enacted hy the Senate and House of Mepresentatioes of the United States of Annerica in Congress assembled^ That the judges of the crim- inal and police courts of the District of Columbia are hereby authorized 184 GOVERNMENT OF THE DISTRICT OF COLUMBIA. and empowered, at their dist-retion, to commit to the custod}^ and care of the Board of Children's Guardians of the District of Cohimbia children under seventeen 3'ears of age who shall be convicted of petty crimes or misdemeanors which ma}" be punishal)le with fine or impris- onment; and said Board of Children's Guardians shall place, under contract, such children in such suitable homes, institutions, or training schools for the care of children as it may deem wise and proper. Sec. 2. That no court shall commit a child under seventeen 3"ears of age, charged with or convicted of a pett}^ crime or misdemeanor pun- ishable by a fine or imprisonment, to a jail, workhouse, or police station; but if such child be unable to give bail or pay a fine, it may be committed to the Board of Children's Guardians temporarily or permanently, in the discretion of the court, and said board shall make some suitable provision for said child outside the inclosure of any jail, workhouse, or police station, or said court may commit such child to the reform school under the laws now providing for such commitment. Sec. 3. That for the purpose of aiding the court in a proper dispo- sition of cases referred to in section one the Board of Children's Guardians is hereby authorized and directed to designate one of its employees as a probation officer, whose duty shall be to make such investigation in cases involving children under seventeen j^ears of age as the court may direct, to be present in court in order to represent the interests of the child when the case is heard, to furnish the court such information and assistance as the judge may require, and to take charge of any child before and after trial as may be directed by the court. Sec. -i. That an}^ person within the District of Columbia, of suffi- cient financial ability, who shall refuse or neglect to provide for any child under the age of fourteen years, of which he or she shall be the parent or guardian, such food, clothing, and shelter as will prevent the suffering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment by a fine of not more than one hundred dollars, or by imprisonment in the workhouse of the District of Columbia for not more than three months, or both such fine and imprisonment. Sec. 5. That whenever petition or information shall have been filed in any court of the District of Columbia authorized to commit children to the care, custod}^ and guardianship of the Board of Children's Guardians for such commitment of any child, and upon the hearing of the same before said court it shall appear to the satisfaction of the court that such child is entitled to be committed as aforesaid under or by virtue of any of the provisions of the act of Congress approved July twenty-sixth, eighteen hundred and ninety-two, entitled "An act to provide for the care of dependent children in the District of Colum- bia and to create a Boai-d of Children's (juardians,''' and if said evidence tends to show that such child has a fathei' or a mother, either of whom GOVERNMENT OF THE DISTRICT OF COLUMBIA. 185 is able to contribute to the support of such child, either by reason of having means or property or having an income consisting of wages or salary due for personal services or labor or otherwise, but fails or neglects so to do, then the proper prosecuting officer shall file in the police court of the District of Columbia an information charging said father or mother, or both, with such failure or neglect, and upon con- viction thereof the said court shall require the father or the mother of such child, or both such father and mother, to contribute by stated payments, to be made to said Board of Children's Guardians, toward the support of such child such sum or sums, monthly, weekly, or otherwise, as in the judgment of said court either or both such father and mother should and may be able to pay; and the courts aforesaid may at any time hear and determine any petition for an order for con- tribution toward maintenance of any child who has heretofore been or who may hereafter be committed to the guardianship of the Board of Children's Guardians, or for modifying or suspending the operation of any such order previously made. ) Sec. 6. That any person against whom an order for contribution toward maintenance may have been made, as provided for in this act, who shall refuse or neglect to make such payments as ordered, shall be deemed guilty of contempt, and upon conviction thereof shall be sentenced to suffer imprisonment in the workhouse of the District of Columbia for not less than three months nor more than one year, and such imprisonment shall not exempt such person from additional imprisonment for further neglect or refusal to make contribution as aforesaid: Provided^ however. That if, after such conviction, any such parent shall appear before the court before which such conviction shall have taken place and shall show to the satisfaction of the court that the amount due under such order, up to the time of conviction, has been paid, and further, with good and sufficient surety, to be approved by said court, shall enter into bond to the United States in the penal sum of five hundred dollars, conditioned that he will thereafter pay such sums as may have been ordered or that may thereafter be ordered to be paid by said court until such order shall be revoked, the said court may suspend sentence therein during the continuance of such bond. Sr.c. T. That the disbursing ofiacer of the Board of Children's Guard- ians shall receive and shall be responsible under his bond for all moneys paid to said board under the provisions of this act, and shall pay the amounts so received by him into the Treasury of the United States within twenty days after the close of each fiscal quarter. Sec. 8. That all acts and portions of acts inconsistent with the pro- visions mentioned above are hereby repealed, and the terms of the provisions in the above sections shall become law on and after the date of approval. Approved, March 3, 1901. (31 Stats., 1095.) 186 GOVERNMENT OF THE DISTRICT OF COLUMBIA. When the Board of Children's Guardians place in private families children committed to the guardianship of said board by the courts of the District, such children shall, as far as practicable, be placed only in such families as are of the same religious denomination or belief as the parents or last surviving parent of the child. (District appropria- tion law, March 1, 1901.) REFORM SCHOOLS. There are two reform schools in the District, one for boys (16 Stats., 119), and one for girls (25 Stats., 245), the object of which is the refor- mation of boys and girls who are not susceptible to parental discipline, or who become liable to punishment ])y imprisonment for minor infrac- tions of the law. Each of these institutions is managed b}^ a separate board of trustees. The reform school for boys is situated on the Bladensburg road, about 2 miles north of the city of Washington; that for girls is on the Conduit road, near the District line. The boards of trustees of these institutions are appointed by the President of the United States. Indigent insane persons resident of the District of Columbia are admitted for temporary detention into the Government Hospital for the Insane, at the expense of said District, at the request of the Com- missioners, and for permanent care and treatment when committed upon the Commissioners' request based upon the finding of a marshal's jury, confirmed by the justice holding the equity court. Nonresident indigent insane persons found in the District of Colum- bia are admitted upon the same conditions as the former, but it is the duty of the Commissioners to return them to their homes so soon as their domiciles can be ascertained. WORKHOUSE. The workhouse is for the confinement of persons convicted of minor offenses against the laws and sentenced to imprisonment for compara- tively short terms. Prisoners who are able to work and whom it is deemed prudent to employ outside of the workhouse are required to do various kinds of labor m the various departments of the asylum and on the asylum grounds and the public works. The institution is situated on the asylum grounds, WASHINGTON ASYLUM. The object of this institution is the public relief and maintenance by the District of poor, infirm, and diseased persons who are in need of GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 187 y-uvh assistance. All of its inmates who are able to work- are required to be occupied in some kind of useful employment. It is situated on the Eastern Branch, from C to G streets south. JAIL. When any person is sentenced to imprisonment for a term not exceeding six months, the court ma}" direct that such imprisonment shall be either in the workhouse or in the jail. When any person is sentenced for a term longer than six months and not longer than one year, such imprisonment shall be in the jail, and where the sentence is imprisonment for more than one year it shall be in some penitentiary. INSURANCE DEPARTMENT. The Commissioners appoint a superintendent of insurance, who, subject to the Commissioners' general directions, has supervision of all matters pertaining to insurance, insurance companies, and bene- ficial orders and associations. It is the duty of the superintendent to see that all laws of the United States relating to insurance or insurance companies, benefit orders, and associations doing business in the District are faithfully executed, with the object of preventing loss to insured persons through the mis- management or insolvency of such companies. The list of fees exacted of such companies was established by order of February 4, 19012, and is embraced among the items under head of " Methods of taxation." METROPOLITAN POLICE DEPARTMENT. Appointees on the police force of the District of Columbia must be able to read, write, and speak the English language, be a citizen of the United States, and have resided in the District for two years next preceding the appointment, never have been indicted and convicted of crime, be at least 5 feet 8 inches in height, between 22 and 35 years of age, of good health and reputation, and must pass an examination as to his knowledge in the elementary branches of education and as to his knowledge of the principal localities of the District. The Metropolitan police district of the District of Columbia shall be coextensive with the District of Columbia, and shall be subdivided into such police districts and precincts as the Commissioners of said District may from time to time direct. The Commissioners of said District shall appoint to ofiice, assign to such duty or duties as they may prescribe, and promote all officers and members of said Metropolitan police force according to such rules and regulations as said Commissioners in their exclusive jurisdiction and judgment may from time to time make, alter, or amend: Provided, That original appointments of privates on said police force at the time 188 GOVERNMENT OF THE DISTRICT OF COLUMBIA. this Act take..s effect shall be classified as follows: (.Uass one: Privates who have served under their present appointments less than three years shall be included, in class one, and at the expiration of three years from the date of said appointment shall })e promoted to class two, if the conduct and intelligent attention to duty of such privates shall justif\^ such promotion. Class two: Privates who have served under their present appointments more than three years and less than five years shall be included in class two; and after the expiration of five years from the date of said appointment shall be promoted to class three, if the conduct and intelligent attention to duty of such privates shall justify such promotion. Class three: Privates who have served under their present appointment more than five years shall be included in class three. All original appointments of privates shall be made to class one, and promotions shall be made from class one to class two in order of appointment to the force after three years' service as pri- vates of class one, and from class two to (dass three after five years' service as privates of class two, in all cases where the conduct and intelligent attention to duty of any private shall justify such promotion. The said Metropolitan police force shall consist of one major and superintendent, who shall continue to be invested with such powers and charged with such duties as is provided b}^ existing law. (June 8, 1906.) STREET-CROSSING POLICEMEN. In addition to the above-mentioned force, the Commissioners are required to station special policemen at such street-railway crossings and intersections in the city of Washington as they deem necessary. The expense of that service is paid pro rata by the respective street- railway companies, according to the number of cars of each company operated over such crossings. The present number of such officers on duty is 37, and their compensation $75 per month each. They must possess the same qualifications for appointment and are subject to the same rules and discipline as members of the regular force. (30 Stats., 489.) PRIVATE DETECTIVES. Private detectives may be appointed, who shall give bond, satisfac- tory to the Commissioners, for at least $10,000, and be subject to all laws which govern the police force in respect to persons, property, and money. (11 Stats., 211.) ADDITIONAL AND SPECIAL POLICEMEN. Additional policemen are appointed by the Commissioners, whose jurisdiction extends over a definite and limited area, practically the immediate vicinity of the property of the persons who apply for their appointment (12 Stats., 322); for instance, the vicinage of a number of business houses and stores. Special policemen are appointed under the act of March 3, 1899, on the application of corporations or individuals, or in the Commissioners' own discretion, for duty in connection with some specified property, GOVERNMENT OF THE DISTRICT OF COLUMBIA. 189 as that of a railroad company or a storehouse. As in case of additional policemen, their compensation is paid by the person or corporation at whose instance they are appointed. They are subject to such general regulation^ as the Commissioners may prescribe. (30 Stats., 1057.) The power of special policemen shall only be exercised by them in connection with the property of or under the charge of the corporation or individual upon his application for that appointment. (Order of Comissioners, June 7, 1899.) POLICE PRECINCTS. For facility of administration the police department is divided into 10 precincts, at each of which is a central station, located as hereinafter stated. The substation at Anacostia is in the fifth precinct. POWEB OP APPOINTMENT AND REMOVAL OF POLICEMEN. Original appointments of privates shall be made to class one, and all promotions within the force shall be made according to such regu- lations and after such physical and mental examinations as the (com- missioners of the District of Columbia shall prescribe: Provided^ That the said Commissioners shall fix the limits of age and height, and shall prescribe the duties of . all officers and members of the police force: And pn'ovided further^ That no removal from the police force shall be made except on written charges and after an opportunity for defense on the part of the person against whom such charges may be made; but no person so removed shall be reappointed to any office in said police force.- HOUSE OF DETENTION. The house of detention is a branch of the police department, where all persons under 17 years of age and women and girls over that age under arrest or held as witnesses to ofi^'enses against the laws are detained pending examination or trial. The building occupied for this service is No. 505 Eighteenth street NW. The employees at the house of detention are — 2 matrons on detail from police department. Per diem. 3 clerks, each $1.64 3 guards, each 1. 50 3 drivers, each 1.15 1 hostler 1.31 1 laborer 1 . 50 1 driver 1.31 POLICE PATROL AND AMBULANCE .SYSTEM.s. The police patrol system consists of a number of structures called "patrol boxes," generally distributed throughout the District, which contain apparatus for telephonic communication with the several police 190 GOVERNMENT OF THE DISTRICT OF COLUMBIA. stations; and of a number of vehicles to transport persons under arrest witliout requiring the arresting- officer to leave his beat unguarded. An ambulance system is also under the supervision of the police department, to provide transportation for sick or injured persons in cases of emergency to a place where medical or surgical care and treat- aient may be promptly provided. SURGEONS OF POLICE AND FIRE DEPARTMENTS. The members of the police and tire departments and the watchmen at the public parks are entitled to the gratuitous service of the sur- geons of the police and fire departments. These surgeons also make preliminary examinations of persons alleged to be insane and examine candidates for positions in the police and fire departments to deter- mine whether they are physically suitable for service in those depart- ments. POLICE FUND. The police fund is derived from the following sources: All fines imposed by the Commissioners upon members of the police force by way of discipline, and collectible from pay or salary; all rewards, fees, proceeds of gifts, and any portion of emoluments that may be paid and given for extraordinary service of an}^ member of said force, which he shall not be allowed to retain. (12 Stats., 581.) All monej^s arising from the sale of unclaimed goods in the custody of the property clerk of the police department. (lb., 325.) One dollar per month deducted from the pay of each regular police- man. (23 Stat., 316=) From fines in police court, enough to meet any inadequacy of other sources named. (29 Stats., 404; 31 Stats., 820.) From receipts for dog licenses, enough to meet any inadequacy of other sources named. (31 Stats., 820.) The sum so deducted shall be invested in United States or District bonds by the Treasurer of the United States, and be held by him sub- ject to the drafts of the Commissioners for expenditures made in pur- suance of law, and such expenditures shall be accounted for as required by law for other expenditures of the District. (23 Stats., 316.) And said fund shall be used as follows: The superintendent, assistant superintendent, any captain or lieu- tenant of police, in case of retirement as now provided by law (Feb- ruary 28, 1901), shall receive not exceeding $100 per month; and if, in case of the death from injury or disease of any of said officers, he leave children under 16 years of age, or a widow, the same shall be for their relief during the period of widowhood, or until such children reach the age of 16 years; but not exceeding $50 per month for a widow nor $26 per month for a child, (lb. ) GOVERNMENT OF THE DISTRICT OF COLUMBIA. 191 For the relief of anj^ policeman who, b}^ injury received or disease contracted in line of duty, or, having served not less than fifteen j^ears, shall become so permanently disabled as to be discharged from service therefor; and in case of his death from such injury or disease, leaving a widow, or children under sixteen years, for their relief: Promded further^ That such relief shall not exceed for any one policeman or his family the sum of $50 per month; and a sum not exceeding $75 may be allowed from said fund to defray the funeral expenses of any police- man dying in the service of the District. (23 Stats., 316.) For medical or surgical service or treatment not rendered b}^ a sur- geon of the police and fire departments, or any other like extraordi- nary expense rendered necessary' by disability or injury contracted in the line of duty, when in the judgment of the Commissioners such expenditure is proper. (12 Stats., 325.) The present expenditures from this fund are about $50,000 a year. POLICE CLOTHING FUND. This department also has a fund to provide new uniforms or parts thereof to replace any part of such equipment destroyed or materially damaged during the discharge of especially hazardous dut^^ This fund is derived from moneys received for rewards for arrest of desert- ers from the Army or Navy, and from voluntary contributions, and miscellanepus sources. FIRE DEPARTMENT. The fire department of the District of Columbia embraces the entire territory of the District. Appointees of the fire department must possess the same qualifica- tions as those of the police department, except that they must not weigh less than 150 pounds nor be under 23 years of age nor over 35. The personnel and apparatus of the department are as follows: Personnel. OflBcers and employees. Number. Salary per annum. 3 1 1 1 26 U 14 27 186 26 1 82, 000 Clerk 1 000 Fire marshal 1 ''00 Foremen I 000 Engineers 1 000 900 Tillermen 900 Drivers 900 840 600 Laborer 480 308 264,320 192 aOVERNMENT OF THE DISTRICT OF COLtJMBIA. Number and location of companies. Company. Location. Engine company: No. 1 No.2 No.3 No.4 No.5 No.6 No.7 No.8 No.9 No. 10 No. 11 No. 12 No. 14 No. 15 Trucli company: A B C D E F Chemical company: No.l No.2 No.3 No.4 Hand cliemical engine K, between Sixteenth and Seventeenth streets NW. D, between Fourteenth and Fifteenth streets NW. Delaware avenue and C street NE. Virginia avenue, between Four-and-a-half and Sixth streets SVV. M, between Thirty-second and Potomac streets NW. Massachusetts avenue, between Fourth and Fifth streets NW. R, between Ninth and Tenth streets NW. North Carolina avenue, between Sixth and Seventh streets SE. U, between Sixteenth and Seventeenth streets NW. Maryland avenue, between Thirteenth and Fourteenth streets NE. Fourteenth street, between Kenesaw avenue and Kenyon street NW. North Capitol and Quincy streets. Eighth, between D and E streets NW. Washington and Pierce streets, Anacostia, D. C. North Capitol, between B and C streets. New Hampshire avenue and M street NW. Ohio avenue and Fourteenth street NW. M street, neai New .Jersey avenue NW. S, between Thirty-fourth and Thirty-fifth streets NW. Whitney avenue, between Thirteenth and Fourteenth streets NW. D, between Twelfth and Thirteenth streets NW. Brightwood, D. C. Tenley, D. C. Brookland, D. C. Cleveland Park, D. C. The apparatus of the department also embraces a water tower and a number of combination chemical engines and hose wagons. FIRE MARSHAL. It is the duty of the fire marshal to ascertain as accursCtely as he can the cause of fires and the amount of loss occasioned thereby; to supervise the storage and use of highh^ inflammable substances, so as to minimize the risk and extent of damage by their combu.stion in that state, and to perform such other duties as may be assigned to him to lessen the probability" and extent of loss to structures and injury to person.s in consequence of fires. NUMBER OF FIRES AND AGGREGATE LOSS THEREFROM. During the fiscal year ended June 30, 1902, 726 fires occurred, involving an aggregate loss of $134,504. The aggregate loss for each of the preceding five years was as follows: 1897 $297,705 1898 848,836 1899 466,590 1900 224,239 1901 285,677 firemen's RELIEF FUND. The firemen's relief fund is derived from deductions of $1 per month from the pay of each fireman (23 Stats., 317), and deficiency therein is GOVERN^MENT OF THE DISTRICT OP COLUMBIA. 193 met out of the receipts from lines in the police court (29 Stats. , 404) and from dog- licenses, in common with the police fund. (31 Stats. , 820.) Fines imposed upon the force by wa_y of discipline, and collectible from pay or salary, are also placed in this fund. The deductions aforesaid shall be invested in United States or Dis- trict bonds and held in the manner provided b}^ existing law in respect to the police fund. And said firemen's relief fund shall be used as follows: The chief engineer of the fire department, in case of retirement as now provided by law (February 28, 1901), shall receive not exceeding $100 per month, and in case of his death from in]\ny or disease the same amount shall be allowed as in case of the superintendent of police, (qv.) (31 Stats., 820.) For the relief of any fireman who shall by reason of injuries received or disease contracted in the line of actual fire duty, going to, at, or returning from a fire, or, having served not less than fifteen years, shall become so permanently disabled as to be discharged from service therefor, and in case of the death of such fireman from such injury or disease, leaving a widow or children under 16 years of age, for their relief: Provided., That no fireman shall be entitled to any of the bene- fits of this relief fund who may by reason of his own indiscretion bring on any injury or disease which may incapacitate him from the performance of his duties as a member of the fire department or who shall be retired for such cause or causes: Provided further^ That such relief shall not exceed for any one fireman or his family the sum of $50 per month, and a sum not exceeding $75 ma}^ be allowed from such fund to defray the funeral expenses of any fireman dying in the service of the District. (29 Stats., 405.) The present expenditures from this fund are about $18,000 per annum. HEALTH DEPARTMENT. The Commissioners appoint for such term of office as tliey deem advisable a health officer, who must be a physician, and who, as such officer, executes and enforces, under the direction of the Commission- ers, all laws and regulations designed to protect the public health. (20 Stats., 107.) Among the health officer's duties are the medical inspection of the public schools; the enforcement of the laws and regulations which relate to the prevention of the sale and use of deleterious articles of food; the isolation of persons ill with contagious diseases, in order to prevent the spread of such diseases, and the prevention of the intro- duction of such diseases from other localities; the impounding of vicious and unlicensed dogs and of other animals unlawfully kept or at large; the prevention and abatement of nuisances injurious to health; 595a— 07 13 194 GOVERNMENT OF THE DISTRICT OF COLUMBIA. the enforcement of the law for the prevention of the emission of dense black or ^vay smoke, keeping a record of vital statistics, and furnish- ing transcripts of such records. Death rate in District of Columbia. Year. White. Colored. Total. JggQ 17.63 18.86 20. 95 18.55 16.97 17.67 17.03 15.64 17.67 17.35 17.82 16.43 35.71 34.20 32.55 31.47 28.18 29. 80 28.59 27.78 30.34 30.22 30.73 30.37 23. 68 23. 94 jg93 24.74 22.73 20.57 jggg 21. 53 20.71 jggg 19. 48 j^ggg 21.65 21. 37 29()j 21. 83 2902 20. 73 BOARDS OF MEDICAL EXAMINERS. The Commissioners of the District of Columbia appoint three boards of medical examiners. One of them is known as the board of medical examiners of the District of Columbia, and is composed of five phj^si- cians in good standing who are adherents to the regular system of medical practice. Another is known as the board of homeopathic medical examiners of the District of Columbia, and is composed of five phj^sicians of good standing, adherents to the homeopathic s.ystem of medical practice, selected from a list of ten names submitted by a majority vote at some regular meeting of the Washington Homeo- pathic Medical Society. The other is known as the board of eclectic medical examiners of the District of Columbia, and is composed of five members in good standing, adherents to the eclectic system of medical practice, selected from a list of not less than ten names sub- mitted by a majority vote at some regular meeting of the Eclectic Medical Society of the District of Columbia. The members of each board serve for a term of three years each, or until their several successors are appointed. They must have been engaged in the practice of medicine and surgery in the District of Columbia for not less than five years at the time of appointment. In case of failure of the two medical societies to submit the lists mentioned, after fifteen days' notice from the Commissioners, the Commissioners may make appointments without such nomination. It is the duty of these boards to examine and certify to the board of medical supervisors the qualifications of all applicants for authority to practice medicine or surgery in the District of Columbia. A special board is appointed by the board of medical supervisors to make like certification as to applicants for authority to practice midwifery. It is the duty of the several boards of medical examiners to examine GOVERNMENT OF THE DISTKICT OF COLUMBIA. 195 all applicants for license to practice medicine and surgery in the Dis- trict of Columbia certified to them respectively by the board of med- ical supervisors, in accordance with such rules as the board of medical supervisors, with the approval of the Commissioners, shall make. (29 Stats., 198.) For fees see "Methods of Taxation." BOARD OF MEDICAL SUPERVISORS. The board of medical supervisors consists of the presidents of the three boards of medical examiners before mentioned and two other persons not physicians, one of whom shall be learned in the law, to be appointed by the Commissioners of the District of Columljia for a term of three years, or until their successors are appointed. Not more than two members of said board shall be adherents of any one system of medical practice. The two lay members shall be paid such reasonable compensation as the Commissioners shall determine. The secretaiy of this board may be elected from others than its own members and be entitled to the same fees for taking testimony that are allowed an examiner in chancery for such service. This board, or a majority thereof, may issue a license to each appli- cant for authorit}^ to practice medicine, surgery, or midwifery in the District of Columbia who shall be found qualified therefor. No person shall so practice without such license, except surgeons of the U. S. Army, Nav3^ or Marine -Hospital Service, regularly licensed phj'-sicians and surgeons in actual consultation from other States and Territories, or regularly licensed physicians and surgeons actuall}^ called from other States or Territories to attend specified cases in the District of Columbia. But said prohibiton shall not apply to the treatment of any case of actual emergency, to the practice of mas- sage or the so-called Swedish movement cure, nor to the use of ordi- naiy domestic remedies without fee, gift, or consideration of any kind. Any balance of the amount received for license fees remaining after the regular expenses of the board shall be met shall be divided among the three boards of medical examiners. (lb.) COMMISSIONERS OF PHARMACY. The Commissioners, biennially, or as often as vacancies occur, appoint three pharmacists and two physicians, all of whom shall have been residents of the District of Columbia for five 3^ears and had at least five years' practical experience in their respective professions, who shall be styled commissioners of pharmacy, and who serve as such, without compensation, until their successors are appointed and qualified. It is the duty of the commissioners of pharmacy to register all per- sons found qualified to practice the business of pharmacist in the Dis- 196 GOVEI^NMEJ^^T OF THE DISTRICT OF COLUMBIA. trictof Columbia, as prescribed by law, and no person not so registered shall conduct a store, pharmac}^, or place for retailing, compounding, or dispensing drugs, medicines or chemicals for medicinal use or for compounding or dispensing phj-sicians' prescriptions. The fees re- ceived by these commissioners shall ])e applied in payment of expenses incurred by them in executing the law. (20 Stats., 138.) For rate of fees see under "Methods of Taxation." BOARD OF DENTAL EXAMINERS. The Commissioners appoint, for terms of five years, a board of dental examiners, consisting of five reputable dentists, residents of, and for three years immediatel}^ preceding their appointment actively engaged in the practice of dentistry in, the District. No person shall commence the practice of dentistry in the District who has not received a certificate from the board of dental examiners that he is qualified to practice dentistry, which has been duly regis- tered with the health ofiicer. The expenses of the board arc paid from the fees received for making examinations of applicants for such certificates. (27 Stats. , J:2.) The rate of fees appears under "MethodjS of taxation." STREET CLEANING. Many portions of the roadways of the paved streets are swept by horse machines, or flushed, under contract made for a period of three years. Other portions of such streets are cleaned by hand sweeping machines, the operatives of which are emplo3^ed by the superintendent of the street cleaning department, and uniformed in white to facilitate surveillance by the overseers and to secure neatness in their appearance. The unpaved streets and alleys are cleaned under two contracts also made for a term of three 3''ears. The daily area cleaned by hand in 1902 was l,920,-il7 square yards. The hand-sweeping machines are the property of the District. The machine cleaning and flushing is done under contract at 16{| cents per 1,000 square yards. During the past year 900,000 square yards of paved surface were cleaned dail3^ The unimproved streets are cleaned b}^ contract at the contract price of $64 per day. For this sum the contractor furnishes 36 laborers, 12 horses and carts with drivers, and all tools necessary to do the work. The area cleaned during 1902 was 38,751,697 square yards. The alley cleaning is done under contract at 35 cents per 1,000 square yards. During 1902 l-l miles of unimproved streets and avenues were sprinkled dail3^ the cost of which was $3,150.27. COLLECTION AND DISPOSAL OF CITY REFUSE. The Commissioners enter into contract for periods not exceeding five years each for the removal of ashes and miscellaneous refuse GOVERNMENT OF THE DISTRICT OF COLUMBIA. 197 from private residences, and for the coilection and disposal of g-arbage, dead animals, and other noxious refuse wherever found in the Dis- trict, and prescribe reg-ulations for the go^•ernment of this branch of the public service. All garbage collected must be disposed of through a reduction or consumption process in such manner as to entail no damage or claim against the District of Columbia from such disposal, and be subject to the inspection and approval of the Commissioners. All garbage con- tracts expressly provide that no garbage or other vegetable or animal matter shall be dumped into the Potomac River or any other waters, fed to animals, or exposed to the elements upon land. The garbage so collected at present is carried b}' railroad down the west shore of the Potomac about 25 miles, to Cherry Hill, where it is converted into fertilizing material and other valuable by-products. The contract rate for the collection and disposal of garbage is $78, -100 per annum. The contractors are required to make collections as fol- lows: Dail}' throughout the year from markets, hotels, restaurants, apartment houses, and such like places; daily, except Sunday, from residences within the fire limits, and triweekly without the fire limits from May 1 to September 30, inclusive, and triweekl}^ and semiweekly in the corresponding territories during the balance of the year. In 1906 a total of 39,975 tons of garbage was collected and disposed of as against 36,417 tons the previous year, an increase of 3,558 tons. The contractor for miscellaneous refuse is required to collect weekly' throughout the year, both within and without the fire limits, from private residences, apartment houses with not to exceed four families, and boarding houses with not to exceed 25 rooms. Ashes are collected from private residences, apartment houses with not to exceed four families, and boarding houses with not to exceed 25 rooms as follows: Semi weekly* within the fire limits and weekh^ with- out the fire limits from November 1 to April 15, inclusive, and weekly, both within and without the fire limits during the balance of the year. ELECTRICAL AND STREET-LIGHTING SERVICE. The fire-alarm and other telegraph and telephone sj^stems belonging to the District government, the street-lighting service, and the con- struction and condition of all electrical appliances are subject to the surveillance of the District ofiicial styled "the electrical engineer.'' The street-lighting service consists of gaslights, electric lights, and oil lights; the use of the latter is almost entirely confined to the country roads and remote suburbs. The cost of this service is paid out of the public funds, except the expense of lighting streets on which steam railroads are operated, which is paid by the railroad companies to 198 GOVERNMENT OF THE DISTRICT OF 0(^LTTMBIA. which the railroads so used belong-, and the cost of lighting a small number of crossings, where suburban street railways and country roads intersect, which is paid b.y the street-railway company whose tracks are crossed by such roads. The legal charge for gas supplied to governmental and private con- sumers other than for street-lighting purposes is $1 per 1,000 cubic feet, with a penalty of 10 per cent if not paid within ten days from rendition of bill. The cost of street lighting by gas is $20 per lamp per annum, includ- ing lighting, maintenance, etc. The cost of electric lights on streets is $80 per light per annum. The number and kinds of lamps in use on July 1, 1902, was as fol- lows: Gas, 6,715; Collis, 88; naphtha, 1,16T; incandescent electric, 589; arc electric, 861; combination fire-alarm and designation lamps, 18. Both gas and electricity for lighting purposes are furnished by private companies. STATEMENT OF CHARACTER AND EXTENT OF STREET PAVEMENTS JULV 1, 1902. The cost of grading and paving carriagewaj^s is paid for wholly out of the general fund, and not by a special assessment against abutting property. Carriageway improvements. Character of work. Asphalt and coal tar Asphalt block Vitritied block Granite block Cobble Macadam Graded and unimproved Total Square van'.s. 2,831,108 437, 85-1 16, 8-10 569, 325 233, 171 1,007,250 1,748,827 6,844,381 Miles in length. 125. 44 19.98 .52 27.69 9.81 47.70 90. 12 321.26 STREET RAILWAYS. All street railways operated in the District of Columbia do so under charters granted by Congress. Length of street-railway track in the District of Columbia, and names of comjmnies using it. Name of company. Underground electric. Overhead electric. Double. Single. Double. Single. Washington Traction and Electric Co.: Metropolitan R R Miles. 9.31 2.77 4.06 Miles. 3.98 Miles. Miles. Hi 5.58 5.93 4.16 1.46 3.88 .10 3.57 89 2.36 Anaccitia and Potomac River R R 6.52 1.64 Wa';hiiit't(in and Great Falls Electric Rwy Capital Tractidii 13. 44 3.26 .43 Washington, Alexandria and Mount Vernon Electric Rwy.. .'90 .33 Total 37 9.93 28. 80 2.96 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 199 WATER SUPPLY. The water-supply system is owned and controlled by the government. The water supply is obtained from the Potomac River by means of a dam at Great Falls, and thence through an aqueduct, about 17 miles long, and a s^^stem of settling and storage reservoirs. This aqueduct has a circular section of 9 feet diameter for the upper 1-1 miles and a D-shaped section of the same diameter for the remainder. This part of the water-supply system is under the charge of the Chief of Engi- neers of the United States Army. A sand filtration plant is in course of construction as an adjunct to this service. The distribution of the water to private consumers is effected by a sj^stem of mains and services laid and controlled under the supervision of the District government. The cost of laj'ing mains is paid out of the water fund, but private property for whose special benetit minor water mains are laid is spe- cially assessed therefor at a flat rate per front foot. The average dail}-^ delivery of water b}^ this system is 60,000,000 gallons. During the year ended June 30, 1902, water was furnished to 53,839 premises, 47,801 of which were dwellings. The revenues of the water department for that year were $395,394.02. For charges for use of water and assesments for water main, see under head of ""Methods of taxation J' A limited supply of water is derived from 62 shallow and 40 deep wells, constructed by the District government and variously distributed. SEWER SYSTEM. The sewerage S3"stem consists of a number of trunk sewers which will intercept and convey to the pumping station at the southern extremity of New Jersey avenue the entire sewage of the cit}^ and the storm water of the lower portion of tbe Tiber Valley. The sewage will be pumped from the pumping station across the Anacostia River in an inverted siphon; thence carried along the left bank of the Potomac River to near the United States naval magazine, where It will be dis- charged into the river. The pumping station also includes a plan for elevating the storm water of the low area of the city adjacent to Penn- sylvania avenue during freshet stages of the Potomac, discharging the same into the Anacostia River. The total length of sewers, June 30,1902, was — Miles. Main sewers 93 J Pipe sewers 338 SURVEYOR. The Commissioners appoint a surveyor of the District of Columbia for a period of four years, at a salary of $3,000 per annum. (28 Stat., 200 GOVEENMENT OP THE DISTKICT OF COLUMBIA. 689.) His principal diit}^ is to measui'e and mark the- boundaries of lots or other subdivisions of land, and furnish certificates of such measurement and the area of the lots, in square feet, to persons apply- ing to him for such services, and to do similar work for the District. The Commissioners fix a schedule of fees to be charged l)v him for all work done for private persons, to be paid into the Treasur3\ The surveyor charges no fees for work done by him for the District. The surveyor also requires applicants for sewerage of unsubdivided tracts to provide monuments to be used in connection with such sur- veys. (Order February 15, 1902.) . For list of fees of this office, see under head "Methods of taxation." HARBOR MASTER. The laws and regulations to prevent the obstruction or pollution of the harbor and to maintain the public peace in its vicinity are enforced by the harbor master, who also performs many other germane services. His duties are facilitated by a steam vessel, and a crew, and several police oflicers subject to his direction. He is appointed b}^ the Com- missioners for an indefinite term. WHARF PROPERTY AND HARBOR LINES. The Commissioners of the District of Columbia have exclusive juris- diction over all wharf property belonging to the United States or the District of Columbia in said District, and the waters adjacent thereto within the pier lines, except from the north line of the Arsenal grounds to the southern curb of N street south, and 500 linear feet of shore line in the flushing reservoir at the foot of Seventeenth street west and the western curb of said street, including a levee 100 feet wide. The Commissioners and the Chief of Engineers of the Arni}^ are authorized to make all necessary rules and regulations for the proper care of said property, and fix the rate of wharfage; but no lease shall extend beyond the period of ten years. The Commissioners and the Chief of Engineers of the Army, with the approval of the Secretary of War, have fixed the harbor lines. (L. R. 107710; 30 Stats., 1377.) PUBLIC BATHS. A free public bathing beach was constructed on the shore of the tidal reservoir under authorit}^ of an act of Congress approved Sep- tember 6, 1890, and was maintained until abandoned on September 1, 1902. Pursuant to authority contained in the District appropriation law of July 1, 1902, another bathing beach has been constructed on the inner basin; ])ut provision has also been made in the District appropriation law of March 3, 1903, for floating baths to be placed in the tidal reservoir, which are now in process of construction. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 201 The expense of management and maintenance is paid out of the Dis- trict's revenues, as otiier general expenses are met. A small fee is charged for the hire of bathing suits to bathers who do not use their own, and this fee is paid into the Treasury, as other revenues of the District are deposited. About 50,000 bathers have been annually accommodated at this institution. STEAM ENGINEERS. It is unlawful for any person (except engineers who have been licensed by the United States Government or the laws of any State) to act as steam engineer in the District of Columbia who shall not have been regularl}^ licensed to do so b}^ the Commissioners thereof, and have been examined b}^ a board of examiners composed of the boiler inspector of the District of Columbia and two practical engi- neers to be appointed by the District Commissioners, under rules and regulations the Commissioners from time to time provide. For fees see ' ' Methods of taxation. " Steam engineers must be at least 21 years of age and of temperate habits. The fee for a license as such is $3 for original examination or promotion. For intoxication on duty, for the first offense the license shall be suspended for six months; for the second offense, twelvemonths, and for the third offense shall be revoked and the licensee ineligible for for license for five years. Any owner or lessee of steam boiler or engine (except boilers used for steam heating, where the water returns to the boiler without the use of a pump and injector or inspirator, and which are worked auto- matically), or the secretar}^ of any corporation, who shall knowingly employ a steam engineer as such who has not been regularly licensed, shall be fined $.50, or in default confined one month in the workhouse. (21 Stats., 127.) PARKS AND PARKING. The parking and trees along the sidewalk are under the supervision and control of the Commissioners of the District. There are approximately 85,000 sidewalk trees. The large parks in the city, such as that around the White House and the Monument, the various parked squares, and the circles and triangular parks formed by the intersection of streets and avenues, are under the control of the officer in charge of public buildings and grounds, who is an officer of the Corps of Engineers of the Army. Rock Creek Park is under charge of a board of control composed of the Commissioners of the District of Columbia and the Chief of Engi- neers of the Arm3^ It contains approximately 1,600 acres. (20 Stats. , 492; 28 Stats., 252; 31 Stats., 573.) 202 GOVERNMENT OF THE DISTRICT OP COLUMBIA. The Zoological Park contains approximately 175 acres and is under charge of the Secretary of the Smithsonian Institution. (25 Stats. , 808; m stats., 78; 31 Stats., 561; 31 Stats., 622.) The Potomac Park contains 621 acres. It consists of the greater part of the large tract of land south of north B street which has been reclaimed from the Potomac River, and is under the general charge off the Chief of Engineers of the Army. (29 Stats., 624; 31 Stats., 622. INSPECTION OF BOILERS. The inspector of boilers is appointed b}^ the Commissioners, and required by law to examine and test once each year every steam boiler used by private persons in the District for developing power to operate machinery, and condemn for use those which he decides to be unsafe. He is entitled to exact a fee of $5, for each examination from the owner of each boiler he so tests, but receives no salary from the District government for that service. (L. A., 4:33.) All boilers and engines shall also be subject to such safety tests as the Commissioners prescribe. (24 Stats., 427.) INSPECTION OF BUILDINGS. It is unlawful to erect, alter, repair, remove or demolish any private building in the District without permission of the Inspector of Build- ings and in accordance with the building regulations. The inspector is also charged with the duty of causing defective or dangerous struc- tures to be demolished. For fees for permits issued by this office see list of license fees and other charges under head of "Methods of taxation." Number and estimated value of buildings, additions, and repairs in the District of Colum- bia under present form of government. New buildings. Value of re- pairs and additions. Fiscal year. New buildings. Value of re- Fiscal year. Num- ber. Value. Num- ber. Value. pairs and additions. 1879 598 780 7U0 099 940 1,194 1,677 2,194 2,459 1,872 2,191 2,246 $1,472,180.00 1,886,937.00 1,746,180.00 2, 095, 515. 00 2,958,202.00 3,389,254.00 3,630,157.00 4,707,929.00 5, 900, 149. 00 5,703,371.00 5,353,960.00 6, 944, 979. 00 $256,925.00 231,598.00 197,628.00 365,617.00 365,936.00 430, 163. 00 459, 975. 00 553,978.00 1,185,112.00 545,188.00 800,780.00 780, 649. 00 1891 2,305 3,146 2,742 914 1,233 1,169 820 850 1,101 890 995 1,101 16,848,683.00 8, 154, 189. 00 8, 220, 27S. 00 3,473,970.00 4, 328, 523. 00 4, 058, 525. 00 3,322,530.00 3,276,390.00 4,382,711.00 5,786,459.00 4, 966, 279. 00 0,662,675.00 $924,368.00 1892 909, 193. 00 1881 929, 400. 00 1882 1894 611,524.00 1895 643, 658. 00 1884 1896 722,319.00 1885 1897 692, 555. 00 1886 836,363.00 1887 1899 1,063,037.50 1900 881,621.50 100Q 1901 886, 573. 00 1890 1,382,927.00 Many of these additions are practically new buildings, as, for instance, the addition to the Raleigh Hotel, etc. SEALER OF WEIGHTS AND MEASURES. The principal dut}' of the sealer of weights and measures is to require that all scales, weights, and measures used by storekeepers GOVERNMENT OF THE DISTRICT OF COLUMBIA. 203 and others to determine the weight or quantity of goods thej^ bu}' or sell conform with the standard weight or size fixed b}^ law and to affix his seal to those that are correct and destroy those that are not. The person b}^ whom the scale or measure is used nmst pay a small fee for the service thus performed by this official. The fees so collected are piid into the Treasur}' as part of the District revenues. For fees see "Methods of taxation." This officer also has immediate supervision of the commissioners of flour, inspectors of wood, lumber, flour, boilers, and ganger of spirit- uous liquors, who receive the fees established by law for their services in lieu of salaries. The current supplies of the government of the District are pur- chased through a property clerk and a superintendent of property. The latter buys the supplies for the engineer department, and the former for the other branches of the District government. These supplies are furnished under contracts enteied into with the lowest responsible bidders after due newspaper advertisement, except in cases of emergenc}", when special authoritj^ is given to purchase in open market. INSPECTION AND MEASUREMENT OF FIREWOOD. It is contrary to law to sell any firewood brought into the District unless it has been inspected and approved b}' an inspector and meas- urer appointed b}' the Commissioners for that purpose, whose duty it is to determine all questions as to the quality of the wood and as to its measurement, according to law. The compensation of these officials is derived from fees which are paid by the person who sells the wood. (W. D., 275; L. A., 176.) They get no salary from the District government. For rate of fees see "Methods of taxation." INSPECTION OF FLOUR. The Commissioners are required to appoint two inspectors of flour, whose duty is to examine all flour sold within the District of Columbia, to ascertain whether it conforms in weight to the requirements of law and in quality to the standards fixed from time to time by the com- missioners of flour inspection. (30 Stats., 765; 31 Stats., 218.) For the rate of fees see "Methods of taxation." COMMISSIONERS OF FLOUR INSPECTION. The Commissioners appoint three good and competent judges of flour who must be either practical millers, l)akers, or flour merchants as commissioners of flour inspection, to select standards for the guid- 204 QOVEENMEKT OF THE DISTEICT OF COLUMBIA. ancc of the inspectors of flour. They are entitled to a fee of $5 each for each inspection on appeal. (30 Stats. , 767. ) INSPECTION OF GAS AND GAS METERS. The Commissioners appoint an inspector and assistant inspector of g-as and meters, who are paid an annual salary as other salaries of the officers of the District government are i^aid, who must not be a stock- holder nor employee in any gas works. Their duty is to test and deter- mine the illuminating power and purity of the gas furnished l)y any company or person, and to test, prove, and seal all meters used lij- them. The assistant inspector must be a gas litter by trade (18 Stats. , 278). Both give bond in double the amount of their salary. The fees of the office must be deposited in the Treasury as other revenues. For the rate of such fees see under "Methods of taxation." INSPECTION OF LUMBER. All boards, plank, joist, scantling, and timber brought to and offered for sale in the District, which have not previously been inspected and measured and not marked with such measurement by an inspector and measurer of lumber duly appointed b}" the Commissioners, must be inspected and measured by one of those officials, of whom there are five, who are entitled to receive for such services a fee of 30 cents per 1,000 feet B. M., one-half of which shall be paid by the buyer and the other half by the seller. (W. D., 252, 461. L. A., 176, 258.) INSPECTION OF PLUMBING. It is the dut}^ of the inspector of plumbing to require all plumbing, drainage, and sewerage work in connection with private premises to be done in accordance with the plumbing regulations. (27 Stats., 21.) He shall inspect, or cause to be inspected by his assistants, all houses when in course of erection in said District to see that the plumbing, drainage, and ventilation of sewers thereof conform to the regulations. Also, at an}^ time during reasonable hours, on application of the owner or occupant, or the complaint under oath of an}^ respectable citizen, to inspect, or cause to be inspected, any house in said District, and to examine the plumbing, drainage, and ventilation of sewers thereof. It is also his duty to examine and pass upon all plans and specifica- tions filed in his office for proposed plumbing work and house drainage under the plumbing regulations. "h office, \ subsoil ^ irrigation. PLUMBING BOARD. The plumbing board consists of two master plumbers, one journej^- man plumber, and two employees of the District of Columbia having He also examines and considers, in connection with the health office, all plans for sewage disposal by means of broad irrigation or GOVERNMENT OF THE DISTRICT OF COLUMBIA. 205 a knowledg-c of plumbing, gasfitting", and sanitary work, all appointed by the Commissioners. A majority of said board is a quorum. (30 Stats., 477.) It is the dut}' of the plumbing board to examine all applicants for license as master plumbers or gas fitters and to report the results of examinations to said Commissioners, who issue a license to the appli- cant if satisfied that he is duly qualified. For fees see "Methods of taxation." HAT SCALES. Public weighing scales are located at several places in the District where it is convenient for farmers who bring hay to market in wagons to have each load weighed and obtain a certificate from a public weigh- master showing its weight, which must be done before the hay can be sold. (L. A., 367.) The weighmaster is not appointed like other ofiicers of the District, but is a person who has bought at a public auction sale, which is held each year about the 1st of July, the right to use the public scales for one 3^ear and exact from persons whose produce or animals he weighs the fees prescribed by law for his services, for rates of which see schedule of fees under heading "Methods of taxation." PUBLIC IVIAKKETS. Three markets in the District are under the control of the District authorities. One of them, at Seventh and C streets SE., is named the " Eastern Market" (L. A., 141, 375, 495); one at Twenty -first and K streets NW., the "Western Market" (L. A., 217), and one in Georgetown, called the "Georgetown Market" (Acts of Georgetown, August 8, 1863). The receipts from these markets during the fiscal year ended June 30, 1902, were $9,923.85, and the authorized expenditures were $7,230, including $2,250 for repairs. It is the duty of the coroner to hold an inquest over any dead per- son where the manner and cause of death are not known to be acci- dental or in the course of nature and to report to the grand jury the facts ascertained at inquests in all cases where the circumstances seem to require judicial investigation. (L. A., 174, 248, 292.) (21 Stats., 461.) His duties in case of absence or disability are performed Iw a deputy coroner. (28 Stats., 488.) The total num})er of deaths investigated by the coroner during the fiscal year 1902 was 865, of which 218 were f rou] accidents and other forms of violence. 206 GOVERNMENT OF THE DISTRICT OF COLUMBIA. JUDICIARY. The judiciary of the District of Columbia consists of a court of appeals, a supreme court, a police court, justices of the peace, a num- ber of United States commissioners, and a juvenile court. The court of appeals of the District of Columbia consists of a chief justice and two associate justices. The compensation of the chief jus- tice is $6,500 per annum and that of the associate justices $6,000 per annum each. The members of this court are appointed b3\the President and con- firmed b}" the Senate, and hold office during good behavior. The jurisdiction of this court extends to the review of the final orders and judgments of the supreme court of the District, and from such of its interlocutory orders as the court of appeals may allow in the interest of justice. It also has jurisdiction in cases of suits and controversies in law and equity arising under the patent or copyright laws, and damages for the infringement of any patent by action on the case in accordance with sections 4919, 4920, 4921, chapter 1, Title LX, Revised Statutes of the United States. Any party aggrieved b}^ the decision of the Commissioner of Patents in any interference case may appeal therefrom to the court of appeals. An appeal lies from the final judgment or decree of the court of appeals to the Supreme Court of the United States in all cases in which the matter in dispute exceeds $5,000, and also without regard to the sum in dispute wherein is involved the validity of any patent or cop3a'ight, or in which is drawn in question the validity of any statute of or an authority exercised under the United States. The supreme court of the District of Columbia consists of one chief justice, with five associate justices, whose compensation is $5,000 per annum each. The members of this court are appointed by the Presi- dent of the United States and confirmed by the Senate, and hold office during good behavior. This court is a court of general jurisdiction, and it also has the same powers and exercises the same jurisdiction as the circuit courts of the United States. It has cognizance of all crimes and ofi'enses committed within the District, and of all cases in law and equity between parties, both or either of whom shall be resident or be found within the District, and also of all actions or suits of a civil nature at common law or in equity in which the United States shall be plaintiff or complainant, and of all seizures on land or on water, and of all penalties and forfeitures arising or accruing under the laws of the United States. It is invested with jurisdiction to issue writs of mandamus to executive officers of the Federal and municipal govern- ments; it has also appellate jurisdiction over justices of the peace. It has jurisdiction of all applications for divorce, and may entertain petitions for change of name; and it has concurrent jurisdiction with GOVERNMENT OF THE DISTRICT OF COLUMBIA. 207 justices of the peace when the iimount in controvers}' exceeds $50 and is less than $300. Appeals lie from this court to the court of appeals. It is divided into a circuit court, an equity court, a district court, a criminal court, and a probate court. The police court consists of two judges, whose compensation is |3,(>()0 per annum each. They are appointed by the President of the United States for a term of six years. The jurisdiction of the court extends to the disposition of cases involving minor offenses against the criminal laws and the holding of persons brought before it for the action of the grand jury. Appeals lie from this court to the court of appeals. Justices of the peace are appointed by the President of the United States and confirmed by the Senate for a term of four years. They have civil jurisdiction in cases involving an amount less than $300 and in landlord and tenant cases. They have no criminal jurisdiction. Appeals lie from them to the supreme court of the District. The United States commissioners are appointed by the supreme court of the District. They^ are essentially examining mag-istrates, who conduct investigations into alleged violation of United States laws and decide whether parties appearing before them shall be brought before the grand jury. STATUTE LIMITATIONS. The statute limitations are: Regarding judgments, twelve years; notes, three years, arid open accounts, three years. LEGAL RATE OF lifTEREST. The legal rate of interest in the District is 6 per cent per annum where no rate is specified, but contracts may be made for any rate not exceeding 10 per cent per annum. The rate of interest on judgments against the District of Columbia is 4 per centum (act July 1, 1902). THE LAW IN FORCE IN THE DISTRICT. The laws of the District have been derived from many sources. The law of Maryland, when that State gave to the United States the present territory comprising the District, was composed of the com- mon law of England, the acts of the British Parhament found appli- cable to the condition of the people, and the enactments of the provin- cial and State legislatures of Maryland. This law was continued in force in the District of Columbia b}^ an act of Congress of February 27, 1801. It has been modified b}^ subsequent laws of Congress, the numerous laws and ordinances of the municipal corporations which have existed in the District; by the orders made by the Commissioners in pursuance of the acts of Congress granting to them the power to 208 (JOVEKNMENT OF THE DISTRICT OF COLUMBIA. make ])olice and other municipal reg-ulations, and recently by a code of law which Congress enacted to simplify and systematically arrange the principal laws and methods of court procedure. The militia of the District is organized under an act of Congress approved March 1, 1899. (25 Stats., 772.) This law requires that every male citizen of the District of Columbia of the age of 18 and under the age of 45 shall be enrolled, except numicipal and judicial officers, officers and ex-officers of the United States Army and Navy, officers who have served for five years in the militia of the District or of any State of the United States, ministers of religion, practicing physicians, railroad conductors and engineers, policemen, firemen, idiots, lunatics, drunkards, paupers, and persons convicted of infamous crimes, except as it may be modified by the act of Congress approved January 21, 1903, entitled "An act to promote the efficienc}^ of the militia, and for other purposes.*" The first amendment to the Constitution of the United States, which provides that "Congress shall make no law respecting an establish- ment of religion or prohibiting the free exercise thereof," precludes legislation on that subject in the District of Columbia, in view of the fact that Congress exercises exclusive legislative authority at the seat of government. SEAL. The seal of the District of Columbia was adopted by the act of the legislative assembly, as follows: AN ACT adopting a seal for the District of Columbia. Be it enacted by the legislative assembly of the District of Columbia, That the following design be, and the same hereby is, adopted for the seal of the District of Columbia. [Here follows design.] Sec. 2. And be it further enacted, That the Secretary of the District shall have the official charge and cus'tody of said seal. Sec. 3. And be it further enacted. That the use of said design, as the seal of the Dis- trict, by the executive department of the District government is hereby approved and legalized. Sec. 4. And be it farther enacted, That in view of the emergency arising from the necessity for and use of the seal of the District, this act shall go into effect imme- diately upon its passage. Approved August 3, 1871. This act was passed in pursuance of the authority granted to said assembly by "an act to provide a government for the District of Colum})ia," approved February 21, 1871 (1(3 Statutes, -119). The office of the secretary of the District of Columbia, in whose custody the seal GOVEENMENT OF THE DISTRICT OF COLUMBIA. 209 was placed hy that act, was abolished by the act of June 20, 187-i, and the seal has since been used bj- the secretary to the Board of Com- missioners of the District of Columbia as the representative of said board. The legend on the scroll on this seal is " Justitia Omnibus;" the date in the wreath, "ISTl," and the word on the book on the arm of the female figure is "Constitution," in three lines of four letters each. List of the principal municipal authorities of the cities of Washington and Georcjetown and of the District of Columbia. Thomas Johnson, Maryland . Daniel Carroll, Maryland David Stuart, Virginia Gustavas Sedtt, Marvlnnd ... Wm. Thornton, IVnusvlvanin Alexander White, Maryland William Cranch, Maryhind .. Tristam Dalton, Maryland... Robert Brent Daniel Rapine James H. Blake Benjamin G. Orr Samuel N. Small wood Thomas Carberr Roger C. Weightiiui:'. . Joseph Gales, j r John P. Van Ness William A. Bradley . . . Peter Force William W. Seaton . . . Walter Lenox John W. Maury JohuT. Towers William B. Magruder. James G. Berret Richard Wallach Sayles J. Bowen Matthew G. Emery ... Robert Peter... Lloyd Beall Daniel Rentzel June, 1802, June, 1812. June, 1812, June, 1813. June, 1813, June, 1817. June, 1817, June, 1819. June, 1819, June, 1822, and June, 1824, to Sept. 30, 1824. June, 1822, to June, 1824. Oct. 4, 1824, to July 31, 1827. July 31, 1827, to June, 1830. June, 1830, June, 1834. June, 1834, June, 1836. June, 1836, to June, 1840. June, 1840, June, 1850. June, 1850, June, 1852. June, 1852, June, 1854. June, 1854, June, 1856. June, 1856, to June, 1858. June, 1858, to Aug. 24, 1861. Aug. 26, 1861, to June, 1868. June, 1868, to June, 1870. June, 1870, to June, 1871. 1789 to 1798. 1798 to 1803. 1803 to 1806, and 1806 to 1808r to to to to to to to to to MAYORS OF THE CITY OF GEORGETOWN— continued. Thomas Corcoran David Wiley John Peter Henry Foxall John'Cox Henry Addison Richard R. Crawford Charles B. Welch Henry M. Sweeney GOVERNORS OF THE DISTRICT AND EX OFFICIO PRESIDENTS OF THE BOARD OF PUBLIC WORKS. Henry D. Cooke Alexander Robey Shepherd . . DELEGATE TO CONGRESS. Norton P. Chipman SECRETARIES. Norton P. Chipman Edwin L.Stanton Richard Harrington , BOARD OF PUBLIC WORKS. Henry D. Cooke Alexander Robey Shepherd . . , S. P. Brown , A.B.Mullett James A. Magruder Adolph Cluss Henry A. Willard John B.Blake BOARD OF HEALTH. N. S. Lincoln T.S.Verdi 1805 to 1806, and 1808 to 1811, and 1812 to 1813, and 1818 to 1819. 1811 to 1812. 1813 to 1818, and 1821 to 1822. 1819 to 1821. 1822 to 1845. 1845 to 1857, and 1859 to 1867. 1857 to 1869. 1867 to 1869. 1869 to 1871. Feb. 28, 1871, to Sept. 13, 1873. Sept. 13, 1873, to June 20, 1874. Apr. 21, 1871, to Mar. 4, 1875. Mar. 2, 1871, to Apr. 21, 1871. May 19, 1871, to Sept. 22, 1873. Sept. 22, 1873, to June 20, 1874. While governor. Mar. 16, 1871, to Sept. 13, 1873. Mar. 16, 1871, to Sept. 13, 1873. Mar. 16, 1871, to June 2, 1873. Mar. 16, 1871, to June 20, 1874 Jan. 2, 1873, to June 20, 1874. May 22, 1873, to June 20, 1874. Sept. 13, 1873, to June 20, 1874. Mar. 15, 1871, to Mar. 22, 1871. Mar. 15, 1871, to July 1, 1878. 595a— 07- 210 GOVERNMENT OF THE DISTRICT OF COLUMBIA. i/,s7 (if the jirliiripal munldpal authorities of the cities of Was]ii)i(/I(»!. and Georgeloivn and of the District of Columbia — Continued. Name. Period. Name. Period. BOARD OF HEALTH— cont'd. H A Willard Mar. 15, 1871; de- clined ap- pointment. Mar. 15, 1871, to Nov. 10, 1877. Mar. 15, 1871. to Julv 1, 1878. May 23, 1872, to July 1, 1878. Nov. 10, 1877, to July 1, 1878. Apr. 3, 1871, to July 1, 1878. July 1, 1874, to July 1,1878. July 1, 1874, to Dec. 31, 1874. July 3, 1874, to June 30, 1877. Jan. 18, 1875, to June 30, 1878. Dec. 3, 1877, to July 1, 1878. July 2, 1874, to July 1, 1878. Julv 1, 1878, to July 17, 1882. July 1, 1878, to Nov. 29, 1879. June 29, 1878, to May 5, 1882. . Nov. 29, 1879, to Mar, 8, 1883. May 11, 1882, to Apr. 1, 1886. July 17, 1882, to July 22, 1885. Mar. 3, 188S, to Apr. 1, 1886. July 22, 1885, to May 21, 1889. Apr. 1, 1886, to May 21, 1889. Apr. 1, 1886, to Jan. 27, 1888. Jan. 27, 1888, to Feb. 3, 1890. Mav 21, 1889, to Feb. 28, 1893. May 21, 1889, to Sept. 30, 1890. Feb. 14, 1890, to Oct. 14, 1891. Oct. 1, 1890, to July 29, 1902. COMMISSIONERS OF THE DISTRICT OF COLUMBIA— continued. rermanent form of government— Continued. Capt. William Trent Rossell ... Myron Melville Parker Maj. Charles Francis Powell... John Marburv ir Oct. 15, 1891, to May 8, 1893. Feb. 20, 1893, to Mar. 9. 1894. Robert B Warden May 8, 1893, to Mar. 1, 1897. Mar. 10, 1894, to Christopher C Cox Capt. William Murray Black... May 7, 1897. COMMISSIONERS OF THE DIS- TRICT OF COLUMBIA. Temporary government. Mar. 2, 1897, to May 31, 1898. May 8 1897, to Henry Brown Floyd Macfar- land. Capt. Lansing Hoskins Beach.. Col. John Biddle May 8, 1900. May 9, 1900. June 1, 1898, to Nov. 1, 1901. Nov. 1, 1901. John H Ketcham Henry Litchfield West Oct. 16, 1902. ASSISTANTS TO ENGINEER COM- MISSIONERS. Thomas B. Bryan, succeeded July 21, 1878, to Capt. Richard L. Hoxie, engi- Capt F V Greene Aug. 1, 1884. May 2, 1879, to Mar. 3, 1885. Aug. 1, 1884, to Mar. 6, 1886. Mar. 25, 1885, to mi?sioners. William Tindall, .secretary to the board. The law made no provision for a president to this board of temporary Commissioners, and none was ever elected, but Commissioner Dennison acted in that capacity at all board sessions when he was present. Permanent form of government. Lieut. C. McD. Townsend Capt Eugene Griffin May 27, 1886. May 27, 1886, to Capt Thos. W. Symons Mar. 6, 1888. June 6, 1886, to Nov. 1, 1889. Mar. 6, 1888, to Capt. J. L. Lusk Capt. Wm. T. Ros.sell : Capt. Gustav J. Fiebeger Capt. George McC. Derby Capt Edward Burr June 2, 1888. June 2, 1888, to Mar. 1, 1893. Nov. 1, 1889, un- til detailed as a Commis- Maj .William Johnson Twining. Thomas Phillips Morgan Maj . Garrett J. Lydecker .Josephine Rodman West ...... sioner, Dis- trict of Co- lumbia, Oct. 15, 1891. Oct. 31, 1891, to Mav 27, 1896. Mar. 1, 1893, to Oct. 8, 1894. Oct. 9, 1894, to James Barker Edmonds William Benning Webb Samuel Edwin Wheatley Capt. Lansing H. Beach Capt. William E. Craighill Capt. David Du B. Gaillard . . . . Capt.JI. C. Newcomer Apr. 28, 1898. Oct. 30, 1894, un- til detailed as a Commis- sioner, Dis- trict of Co- lumbia, Juno Maj . Charles Walker Raymond . John Watkinson Douglass 1, 1898. Feb. 28, 1899, to Sept. 15, 1899. July 21, 1899, to Mar. 6, 1901. Dec. 27, 1899. Apr. 16, 1901. Lieut. Col. Henry Martyn Robert. John Wesley Ross SECRETARY TO THE BOARD. 1878. aOVEENMENT OF THE DISTKICT OF COLUMBIA. 211 ORGANIZATION OF BOARDS OF COMMISSIONERS UNDER ACT OF JUNE 11, 1878. First Board. — Seth Ledyard Phelps, nonpartisan, president; Josiah Dent, Demo- crat; Maj. William Johnson Twining. From July 1, 1878, to November 29, 1879. Second Board. — Josiah Dent, president; Thomas Phillips Morgan, Republican; Maj. William Johnson Twining. From November 29, 1879, to ]\Iay 13, 1882. INIajor Twining died May 5, 1882. TJiird Board. — Josiah Dent, president; Thomas Phillips Morgan, Maj. Garret J (initial only) Lydecker. From May 13, 1882, to July 17, 1882. No reelection of the president of the Board. Fourth Board. — Joseph Rodman West, Republican, president; Thomas Phillips Morgan, Maj.' Garret J Lydecker. From July 17, 1882, to March 8, 1883. Fifth Board. — Joseph Rodman West, president to March 29, 1883; James Barker Edmonds, Democrat; Maj. Garret J Lydecker. James Barker Edmonds president from March 29, 1883; Joseph Rodman West, Maj. Garret J Lydecker. From March 8, 1883, to July 22, 1885. No reelection of president of the Board. Sixth Board. — James Barker Edmonds, president; William Benning Webb, Repub- lican; Maj. Garret J Lydecker. From July 22, 1885, to April 1, 1886. President of the Board reelected. Seventh Board. — William Benning Webb, president; Samuel Edwin Wheatley, Democrat; Col. Williarli Ludlow. From April 1, 1886, to January 27, 1888. Eighth Board. — William Benning Webb, president; Samuel Edwin Wheatley, Maj. Charles Walker Raymond. January 27, 1888, to May 21, 1889. No reelection of president of the Board. Ninth Board. — John Watkinson Douglass, Republican, president; Lemon Galpin Hine, Democrat; ]\Iaj. Charles Walker Raymond. From May 21, 1889, to February 14, 1890. Tent}b Board. — John Watkinson Douglass, president; Lemon Galpin Hine, Lieut. Col. Henry Martyn Robert. From February 14, 1890, to October 1, 1890. President reelected. Eleventh Board. — John Watkinson Douglass, president; John Wesley Ross, Demo- crat; Lieut. Col. Henry Martyn Robert. From October 1, 1890, to October 15, 1891. No reelection of president of the Board. Twelfth Board. — John Watkinson Douglass, president; John Wesley Ross, Capt. William Trent Rossell. From October 15, 1891, to March 1, 1893. President of the Board reelected. Tliirleenth Board. — John Wesley Ross, president; Myron Mellville Parker, Repub- lican; Capt. William Trent Rossell. From March 1, 1893, to May 8, 1893. Fourteenth Board. — John Wesley Ross, president; Myron Mellville Parker, Capt. Charles Francis Powell. From May 8, 1893, to March 10, 1894. No reelection of president of the Board. Fifteenth Board. — John Wesley Ross, president; George Truesdell, Republican; Capt. Charles Francis Powell. From March 10, 1894, to March 2, 1897. President of the Board reelected. Si.vteenth Board.— John Wesley Ross, president; George Truesdell, Capt. William Murray Black. From March 2, 1897, to May 8, 1897. * No reelection of president of the Board. Seventeenth Board. — John Wesley Ross, president; John Brewer Wight, Republican; Capt. William Murray Black. From May 8, 1897, to June 1, 1898. The last Board meeting at which Commissioner Black was present was held on May 26, 1898. Capt. Lansing H. Beach acted in his stead from that date until June 1, 1898. President of the Board reelected. Eighteenth Board. — John Brewer Wight, president; John Wesley Ross, Capt. Lan- sing Hoskins Beach. From June 1 , 1898, to May 9, 1900. 212 GOVEKNMENT OF THE DISTKICT OF COLUMBIA. Nineteenth Board. — Henry Brown Floyd Macfarland, Republican, president; John Wesley Ross, Capt. Lansing Hoskins Beach. From May 9, 1900, to October 31, 1901. Twentieth Board. — Henry Brown Floyd Macfarland, president; John Wesley Ross, Maj. John Biddle. From November 1, 1901, to July 29, 1902, on which date Com- missioner Ross died. President of the Board reelected. Twenty-first Board. — Henry Brown Floyd Macfarland, president; Henry Litchfield West, Democrat; Col. John Biddle. From October 16, 1902. President of the Board reelected. THE DISTRICT OF COLUMBIA. (Offices, 464 Louisiana avenue.) Commissioners. — Henry B. F. Macfarland, Henry L. West, Maj. John Biddle. Assistants to engineer commissioner. — Capt. H. C. Newcomer, Capt. Chester Harding. Secretary to the Board. — William Tindall. Private secretaries to Commissioners. — Waldo C. Hibbs, Louis C. Wilson, Moncure Burke. Assistant secretary. — William F. Meyers. DISTRICT OFFICERS. Assessor. — Hopewell H. Darneille. Board of assistant asses.^ors of real estate and excise hoard. — Mathew Triml^le, Samuel T. G. Morsell, E. W. W. Griffin. Board of assistant assessors of personal property. — Alex. McKenzie, Francis Nye. Assistant assessors.— S. T. Kalbfus, Wm. D. Montague,* T. Fred. Alvey. Muditor.—J. T. Petty. ' J)eputy auditor. — Alonzo Tweedale. Board of education.— Kenry V. Boynton, president; George H. Harries, vice-presi- dent; J. Holdsworth Gordon, Richard Kingsman, Mrs. Henry L. West, James F. Bundy, Mrs. John R. Francis; A. T. Stuart, superintendent; Walter F. Rodrick, secretary. Board of Charities. — S. AV. Woodward, president; Chas. P. Neill, vice-president; Geo. W. Cook, John Joy Edson, Simon Wolf; Geo. S. Wilson, secretary. Board of Children's Guardians.— J . B. T. Tupper, president; John F. Cook, vice- president; Mrs. Eliza A. Babson, Miss Mary Ella Moore, Mrs. Mary L. D. IMacfarland, Wm. J. Miller, Thos. E. Sewell, Rev. Louis Stern; B. Pickman Mann, secretary. Board of trustees of Boys' Reform School. — Cecil Clay, president; James E. Fitch, Crosby S. Noyes, S. W. Curriden, William M. Shuster, Henry F. Blount, George Truesdell, H. B. F. Macfarland, W. P. Dillingham, J. J. Jenkins; J. C. Kalleen, superintendent. Board of trustees of Reform School for Girls. — Frank Strong, president; Chapin Brown, Mrs. W. W. Rockhill, Fairfax Harrison, J. Wesley Bovee, Maude K. Wet- more, Walter V. R. Berry, Mrs. Ward Thoron, Alexander C. Caine. Board of trustees of Industrial Home School— i . Ormond Wilson, president; Bernard T. Janney, vice-president; Mrs. Huldah W. Blackford, secretary; Mrs. Lncie E. Blount, Clarence B. Rheem, William B. Gurley, James B. Nourse, 3Irs. Emily L. Nourse, J. B. T. Tupper. Board of trustees of Carnegie Library .—Theodore W. Noyes, president; Brainerd H. Warner, vice-president; Charles J. Bell, Rufus H. Thayer, Samuel W. Woodward, John B. Earner, Ainsworth R. Spofford, James T. DuBois, R. Ross Perry; Weston Flint, librarian, secretary, and treasurer. Commissioners of pharmacy.— Yr2i-ak C. Henry, D.C., president; Harry A. Johnston, Murray Gait Motter, Fred T. Hafelfinger, Francis P. Morgan, M. D. GOVERNMENT OF THE DISTRICT OF COLUMBIA, '213 Board of dentat examiners. -II. Jerome Allen, president; C. W. Applrr, W. E. Diefenderfer, Mark F. Finley, John H. London. Board of medical examiners. — John S. McLain, president; George N. Acker, Jo.^epli T. Johnson, George C. Ober, Charles V. Purvis. Board of homeopathic medical examiners. — J. B. G. Ciistis, jjresident; Z. B. Bal)bitt, William R. King, T. L. McDonald, S. S. Stearns. Board of eclectic medical examiners. — Elbert G. Benson, president; E. J. CollinH^ Thonias Robinson, M. L. Julihn, R. R. Roberts. Board of medical supervisors. — J. B. G. Custis, J. S. MeLain, Elbert G. Benson, L. C. AVilliamson, B. F. Leighton, William C. Woodward, health officer, secretary. Chemist and inspector of asphalt and cement. — A. W. Dow. Collector of taxes.— E. G. Davis. Deputy collector. -^C. W. Collins. Coroner. — Dr. Ramsey Nevitt. Corporation counsel. — A. B. Duvall. Assistant corporation counsel.— Edw. H. Thomas, James L. Pugh, jr., Arthur H. O'Connor, A. Leftwich Sinclair. Computing engineer. — C. B. Hunt. Disbursing officer — Charles C. Rogers. Electrical engineer. — W. C. Allen. Engineer department— Chiei clerk, Abner Y. Lakenan. Engineer of bridges. — W. J. Douglas. Engineer in charge of street extension. — Wm. P. Richards. Hour inspection, commissioners of.— Theo. J. Mayer, George W. Cissel, B. B. Earn- shaw. Health officer. — William C. Woodward, M. D. Harbor master. — J. R. Sutton. Inspector of boilers. — E. F. Vermillion. Inspector of buildings. — Snowden Ashford. Inspector of fuel. — John C. How'ard. Inspector of gas and meters. — Elmer G. Runyan. Inspector of plumbing. — H. B. Davis. Insurance, superintendent of. — Thomas E. Drake. Intendant of Washington Asijlum.—W. H. Stoutenburgh ; visiting physician, D. Percy Hickling. Permit clerk.— U. M. Woodward. Property clerk. — F. 0. Beckett. Sealer of weights and measures. — William C. Haskell. Superintendent of p)roperty. — R. D. Simms. Superintendent of parking.— Trnevnaw Lanham. Superintendent of seicers. — David E. McComb. Superintendent of roads. — Morris Hacker. Svperintendent of streets. — H. N. Moss. Superintendent of street and alley cleaning.— ^Nixmer Stutler. Superintendent of luater department. — W. A. McFarland. Surveyor. — Henry B. Looker. Veterinary surgeon. — C. B. Robinson. Water registrar. — George F. Green. Major and superintendent of jwlice.— Richard Sylvester. Chief, also property clerk. — J. Arthur Kemp. Police surgeons.— Br. F. P. Vale, Dr. W. T. Burch, Dr. J. S. Wall, Dr. C C. Marbury. Sanitary officer. — J. A. Frank. Hack inspector. — A. R. Lamb. 214 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Inspector of pharmacy. — C. W. Proctor. Detective headquarters. — Capt. R. H. Boardmiin. Captains. — Isaac Pearson, F. E. Cross, Harry L. Gessford, James E. Heffner. Chief engineer fire department. — Robert W. Button. Fire marshal. — Sidney Bieber. POLICE COURT. (Sixth and D streets.) Judges.— CYi&rlQB F. Scott, I. G. Kimball. CZerit.— Joseph Y. Potts. Deputy. — Joseph Harper. Deputy United States marshal. -J. S. Lacey. ASSIGNMENT OF DUTIES BETWEEN COMMISSIONERS. Commissioner Macparland. Anatomical lioard. Boilers, inspection of. Charities, except Washington Asylum. Coal, inspection of. Columbia Hospital, appointment of trus- tees. Coroner. Dental examiners. Druggists to the poor. Electrical department. Excise board. Fire department. Fish wharf. Flour, inspection of. Food, inspection of. Gas and meters, inspector of. Harbor master. Hay scales. Health office. Insane. Insurance, superintendent of. Liquor licenses. Lumber, inspection of. Markets. Medical supervisors and examiners. Municipal building. Municipal lodging house. Paupers. Physicians to the poor. - Pharmacy, commissioners of. Poundmaster. Public schools. Reform School for Boys, ex officio trustee of. Rock Creek Park, board of control, presi- dent. Sealer of weights and measures. Schools. Steam engineers, board of examiners. Veterinary surgeon. Wood, inspection of. All business not otherwise assigned. Commissioner Biddle. Asphalts and cements. Bridges. Buildings, inspector of. Computing engineer. Conduits. Contracts. Elevators. Fire escapes. Highway extension. Parking. Pavements. Permit clerk. Plumbing. Property, superintendent of. River front. Roajtis. Rock Creek Park Commission. Sewers. Sidewalks. Stables, engineer department. Street railways. Streets. Subdivisions. Superintendent of property. Surveyor. Trees. Water department. Wharves, construction and renting of. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 215 Commissioner West. Ashes, garbage, etc. Assessments. Assistant Attorney (corporation counsel). Auditor. Bathing beach. Claims against District of Columbia. Columbia Hospital, ex officio trustee of. Collector of taxes. Ctirporation counsel. Disbursing officer. Dog tags. Garbage, ashes, etc Gaugerand inspectorof spirituous liquors. Hacks and hack stands. Library, free public. Licenses, except liquor. Police department. Property clerk. Public library. Refuse, ashes, etc. Special assessments. Street and alley cleaning. Surgeons, police and fire dei)artmenis. Taxes. Washington Asylum. Water-main assessments. Workhouse. IN^DEX Alexandria County: ^ Page. Created 14 Retrocession of, to Virginia 14 Aliens, ownership of land in the District ))y 16 Alleys in the city of Washington 25 Alleys and minor streets, opening, widening of, etc 1 53 Area of the city of Washington 19 Area of the District of Columbia : 5 For cleaning of offensive cesspools 157 Of steam railroads for street lighting, etc 157 For cost of erection of fire escapes 157 For removing snow, ice, etc - 157 For paving streets adjacent to tracks 158 Of personal property 158 Of real property 144 For sidewalks, sewers, and curbing 151, 152 For house connections 152, 157 For water mains 154 For removing dangerous structures, etc 156 For removal of weeds 156 For drainage of lots 156 Of railroad companies for special policemen at crossings 157 and assistant assessors: Duties of -..- 144 Salary of 144 Appointment of 144 Constitute board of review 144 Public inspection of records of 1 47 Assignment of duties of Commissioners 214 Assistants to the Engineer Commissioner: Details and duties of 141 List of 210 Auditor, District of Columbia, duties of, etc 174 Avenues in the city of Washington, naming, widtli, etc 25 Bathing beach 200 Board — Of assistant assessors. Of personal-tax appraisers 158 Of personal-tax appeals 159 Board of charities, appointment and duties of 180 217 218 INDEX. Board of Children's Guardians: Page. Appointment and duties of, etc ,.. 182 PoAA'er in re delinquent children 1H3 Board of Commissioners, organization of, etc 211 Board of dental examiners 196 Board of education 178 Board of equalization and review: How constituted 144 Power and duties of 145 Time of meeting 145 Shall hear appeals from yearly assessments 145 Board of health, list of members 209 Board of medical examiners, appointment, term, duties, etc 194 Board of medical supervisors -"■--- 195 Board of public works, list of members 209 Boilers, inspection of - 202 Bond: Of Commissioners 142 Of assessor 144 Of contractors 1~~ Biennial examination of official 177 Renewal of official 177 Buildings: Annual listing of, for taxation 145 Damaged or destroyed, assessment shall be reduced 145 Inspection of '. 202 Number of new, since 1879 202 Boundaries of the District of Columbia 9, 14 Boundaries of Georgetown 26 Boundary of the city of Washington 18 Carrollsburg 10 Census of the District of Columbia l-"' Certificates of taxes and assessments I'iO Color, penal discrimination on account of, abolished 16 Commissioners appointed to lay out District 7. 9, 23 Commissioners of the District of Columbia: Appointment of, tenure of office and qualifications 141 Appointment and removal from office by 143 Board of, for transaction of business - 142 j)resident of 142 quorum of I ■ 2 Boai'ds of, list of 21! Bond of 142 Duties of, general 143 subdivision of 142 ex officio 142 assignment of, year 1903 214 Estimates of expenses for each fiscal year must be submitted by 143 List of 210 Oath of, office of 142 Obligations, shall not incur without authority of Congress 143 Political status of 142 Salarv and bond of 142 INDEX. 219 Page. Commissioners of pharmacy, appointment and duties of 195 Congress of the United States: Page. Jurisdiction of, over the District of Columbia to be exclusive 6 time of vesting of H Meetings of — First in the District of Columbia 12 Previous places of 13 Contracts: For public works, etc. , in the District of Columbia 177 Coroner, duties, etc 205 Counties, division of the District into 14 Courts of the District of Columbia 206 Dangerous structures, removing of 1 56 Delegate to Congress 209 Dental examiners 196 Departments of General Government, transfer of, to the District of Columbia. 12 Disbursements of moneys of the District of Columbia 175 District of Cokimbia: Authority for the establishment of 6 Boundary lines of 9 Census of 15 Cession of land by Virginia and Maryland for 8 Commission appointed to lay out 7 Congress to exercise exclusive jurisdiction over 6 Divided into counties 14 Governor of, appointment of 29 House of delegates created for 29 Incorporating of 11 Location and topography of 5 Map of 9 Municipal government of, first established 29 as first established, abolished 29 present form established 29 Naming of 11 Officials of, for year 1903 212 Part ceded by Virginia retroceded 14 Present form of government for 141 President's arrival in 12 Seat of Government of the United States to be in 6 Slavery, abolition of, in 15 Site of, accepted 10 Sites, first selected for 7 Towns within boundaries of, at time of cession 10 Drainage of lots, assessment for 156 Duties of Commissioners, assignments of 214 Electrical department 197 Engineer Commissioner: Detail and duties of 141 Detail and qualifications of assistants to 141 Assistants to 141, 210 Estimates for the support of the government shall be submitted by Commis- sioners 143 220 INDEX. Excise board 1 74 Exemptions — Of real property' from taxation 147 special assessments 147 Of personal property 161 Fees and licenses, list of 1 (>5 Fenwick map of the city of Georgetown 2t> Fire department: Personnel, qualifications, etc - 191 Firemen's relief fund 19- Fire escapes, assessment for, if owners, etc., fail to l)uild 157 Fiscal year, beginning of 175^ Flour, inspection of 2D3 Form of government (present) for the District of Columbia 141 Garbage, etc., disposal of 196 Gas and meters, inspection of ^04 Georgetown: Additions to 27 Boundaries of 26 Charter of, revoked 27 Consolidation of, with Washington 27 Establishment, naming, and early history - - - 26 "Fenwick map" of • 26 Incorporation of 26 Oflficials of, how chosen 27 Streets of, course of 27 renamed 27 title to 27 width of 27 Governor of the District of Columbia: Appointed 29 Office of, abolished 29 Governors of the District of Columbia, list of 209 Hamburg 10 Harbor lines 200 Harbor master 200 Hay scales 205 Health department, duties, etc. , of health officer 193 Highways: Declared to be post routes 25 See also Streets and avenues. House connections, with water mains, sewers, etc. , assessment for 152 House of delegates established for the District of Columbia 29 House of detention 1 89 Industrial Home School 180 Insane, care, treatment, or transportation of 186 Interest, legal rate of 207 Jail 187 Judiciary of the District of Columbia 206 Laws in force in the District of Columbia 207 L'Enfaut, Maj. Pierre Charles - 20 INDEX. 221 Levy Court: Page. Appointed by the President 28 Abolished 29 City of Washington to be represented in nieinl)er.^hip of 29 Jurisdiction of, in the District of Columbia 28 Membership of, reduced 29 Number of members and their assignments 28 Library (Carnegie) see Public) 180 Licenses and fees, list of .' 165 Lighting of streets, etc 197 Lighting tracks of steam railroad companies ' 157 Lots in the city of Washington: Bought by the United States 22 Donated to the United States 22 Lumber, inspection of 20-1: Markets: Monthly rates for stalls 168 Keceipts, etc 205 Map of the District of Columbia 9 Maryland, cession of land for site of District l*y 8 Mayors: Of Georgetown, list of 209 Of Washington, list of 209 Mayors of the city of Washington : Appointed by the President 23 Elected by the people 24 city council 24 Medical examiners 194 Medical supervisors 195 Method of taxation in the District of Columbia 143 Militia of the District of Columbia 208 Minor streets and alleys, opening, widening, etc., of 153 Municipal corporation, District of Columbia created 11 Municipal government of the District of Columbia: First established 29 Abolished 29 Officials of 29 Present form, establishment of : 29 Naming the District of Columbia 11 Parks and parking 201 Pavements, character of work, miles and square yards of 198 Personal property: Taxation of 158 Subject to taxation, schedule of 158 Schedule of, must be advertised 159 Appeal from appraisment 159 Time of payment of tax for 160 Exemptions of, from taxation 161 Penalty for violation of personal-tax law 161 Plumbing: Inspection of 204 Board of 204 222 INDEX. Police department: Page. Personnel, etc 187 Qualifications of applicants for appointment in 187 Special and additional police 188 Appointment and removal of policemen 189 Patrol and ambulance system 189 Surgeons of 190 Pension fund '. 190 Policemen, special, at crossings, railroad companies to pay salary of 157 Post routes, highways declared to be 25 Potomac Eiver: Navigability of 5 Lower falls on, as site for Federal town 7 President of the United States: An official of the city of Washington 23 Date of arrival in Washington 12 Proposals: For municipal works 176 For material, supplies, etc 176 Public buildings, officer in charge of, an official of the city of Washington ... 23 Public library. 180 Public works, proposals for 176 Railroad companies: Steam, to pay cost for lighting streets, etc., along tracks 157 Street, assessed for paving adjacent to tracks 158 length of track, etc 198,199 Rate of taxation : On personal property 161 On real property 146 Real property: Assessed value of, for 1903 174 Assessment of 144 appeal from 145 Reassessment of, when subdivided 146 Bought at tax sale for District of Columbia 149 Designations of parcels of 151 Exemptions of 147 Listing of, annually 145 Reassessment of taxes which have been declared void 150 Records of assessor, public inspection of 147 Reform schools 186 Reteuts from contractors ' 1 78 Revenue: Of the District of Columbia, sources of 143 Collection and deposit of 150 Schools: Board of education has control of 178 Number of pupils and teachers in 179 Expenditures for 179 Sessions of 1'9 Seal of District of Columbia 208 Sealer of weights and measures: Fees for testing, sealing, etc 173 Duties, etc 203 INDEX. 223 Seat of government: Page. District of Columbia established as 6 Temporary removal of, authorized 14 Secretaries of the District of Columbia 209 Sewer system 199 Sinking fund 176 Slavery, abolition of, in the District of Columbia 15 Snow, ice, dirt, etc. , assessment for removing of 157 Squares, title to, in the city of Washington 19 Statute of limitations in District of Columbia 207 Steam engineers 201 Streets in the city of Washington: Naming of, width of, etc 24 Title to 19, 21 Streets and avenues: Extensions of 153 Lighting of 197 Character of pavements of 198 Street cleaning 196 Street railways in District of Columl )ia 198 Length of track of each 198 Suffrage 17 Supplies for District of Columbia 203 Surveyor, District of Columbia: Appointment and duties of 199 Fees, etc 169 Taxation in the District of Columbia: Methods of 143 Rate of, on real property 146 Of personal property 158 Taxes: Bills for, shall be prepared by assessor 146 Date of payment of 147 Sales for delinquent 147, 148 In arrears, publication of list of 147 Certificate of sale for 148 Deed, issue of, to owners of certificate of sale for 148 Canceling invalid sales for 148 Redemption of property sold for 149 Surplus from sales for 149 Property bid in by District of Columbia, at sales for 149 List of property sold for, to be open to public inspection 150 Certificates of 150 Declared void, reassessment of property for 150 On personal property, etc 158 time of payment 160 Distraint sale for personal 160 Rate of, on personal property 161 Tax sales. {See Taxes. ) Transcripts of deeds, wills, etc ' 151 Towns within boundary of District of Columbia at time of cession 10 Virginia: Cession of land for site for District by 8 Retrocession of land to 14 224 INDEX. Page. Voting in the District of Columl)ia 16 Washington Asyhnn 186 Washington City: Acreage' of 22 Avenues in, naming, width, etc 25 Agreement of projirietors to convey land for 19 Alleys in, original 25 Area of ^ 19 Boundaries of lands of the original proprietors of 20 Boundaries of 18 Charter of, revoked 29 Distribution of lots among original owners 21 Donation of lots in, to the United States 22 First charter of 23 Form of conveyance of land for 19 Georgetown consolidated with 27 Location of 17 Mayors of, elected and appointed 23 Naming of 22 Officials of, first 23 Plan of : 20 EeiJresented in membership of levy court 28 Required to contribute to expense of levy court 28 Streets in, naming of, width of 24 Title to streets and squares in 19 Title of the United States in streets confirmed by the Supreme Court 21 Washington County, creation of 14 Water mains, assessment for, shall be uniform 1 54 Water rent: , Schedule of - 170 To be paid only when water is actually used 1 72 Water supply - - 199 Weeds, assessment for removal of 156 Weights and measures, fees for testing, sealing, etc 173 Wharf property and harbor lines 200 Wills, transcript of 151 Wood, inspection and measurement of firewood 1 203 Workhouse 187 lol^ r? LBAp'O/