F 194 .T59 Copy 2 56th Congress, ) SENATE. \ Document 2d Session. \ i No. 207. I H i: ESTABLISHMENT AND GOVERNMEN' DISTRICT OF CO LUMI5 1 A. VTI LL] A M TI N I >A LL SECRETARY fO THE BOARD OF COMMISSIONERS Ot THE DISTRICT Ol' IOL WASHINGTON: GOVERNMENT PRINTING OFFICE. 1 90 1 . P R E F A C E This pamphlet is designed as a chronological outline of the principal steps in the establishment of the seat of government of the United States, and of the several forms of government which have been pro- vided for the management of the local affairs therein, with a brief account of the leading features of the present local government and courts. It has been compiled as a convenient means of answering frequent inquiries for such information. 1901. William Tindall. 3 ESTABLISHMENT AND GOVERNMENT OF THE DISTRICT OF COLUMBIA. The District of Columbia is the seal of government of the United Slate- of America. LOCATN »N AND T< >l'< (GRAPIH . It is situated on the left or eastern t>ank of thePotomac River,108 miles from it- entrance into Chesapeake Bay and about 1 s ."» miles, via said river and hay. from the Atlantic Ocean. The center of the District, as originally established, was in longitude 77 02' 27.745" west of Greenwich, and in north latitude 38 53' 34.915", and in the vicinity of Seventeenth and (' streets northwest, in the city of Wash- ington. That locality is now nearly on the southwestern border of the District, in consequence of the retrocession to Virginia of the por- tion of the District derived from that State, but it is -till approxi- mately midway between the eastern and western extreme-. The District consists topographically of an urban sect ion named "the city of Washington" and of a suburban and agricultural section which contains a number of unincorporated villages. It embraces an area of 69.245 square miles, 60. 0J square mile- of which are land. Its surface i- generally irregular and undulating, rising from the level of mean low tide in the contiguous Potomac River to an elevation of 420 feet at the highest point, which is about a half mile southeastwardly from its northwestern boundary. The main branch of the Potomac River borders the District on the west, beginning at its northwestern boundary, and. after a course approximately southeast and south, leaves it at it- southern extremity. It is joined from the east about 3 miles north of the latter point by the Anacostia River, or Eastern Branch, which How- through the District in a southwesterly course to thai poi^t. The District is also drained by a number of smaller streams which flow into the Potomac and A nacostia. The navigation of the Potomac for large vessels practically termi nates at the Aqueduct Bridge, about 3 miles from its junction with the Anacostia, and the navigation of the Anacostia, at the Navy-yard bridge, about 2 miles above its junction with the Potomac. I -I \r.l.I-IIMK\T. The District of Columbia was established as the seat of go\ ernment of the United State- by proceedings taken under authority and direc tion of acts of Congress approved July L6, L790, entitled k 'An act for establishing the temporary and permanent -eat of the Government of <> GOVERNMENT OF THE DISTRICT OF COLUMBIA. the United States" (1 Stats., 180), 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.. 214), 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 ten miles square) as may, by cession of particular States and the accept- ance i if ( Jongress, become the seat of the < Government of the United States, and t< i exer- cise like authority overall places purchased, by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock- yards, and other needful buildings. The right to exercise exclusive authority at the seat of govern- ment was conferred upon Congress in order that the legislative and executive functions of the Government might be exercised without risk of interference, and in consideration of the fact that in June. 1783, the Continental Congress transferred its sessions from Phila- delphia to evade a hostile demonstration which was made toward it by a body of soldiers of the Revolutionary army in order to hasten pay- ment for their services as such, and that the authorities of that city and the State of Pennsylvania acknowledged their inability to protect that Congress from the threatened intimidation. SELECTION OF SITE. The requisite area for the District was offered to Congress by the States of Maryland and Virginia; the former by an act of the general assembly of that State, passed December 23, L788, which directed the Representatives of that State in the House of Representatives of the Congress of the United States to cede to the Congress of the United States any district in said State not exceeding ten miles square which the Congress might fix upon and accept for the seat of government: the latter State by an act of its general assembly, passed December 3, 1789, ceding a like tract or any lesser quantity of Virginia territory for the same purpose. The general assembly of Maryland, by an act passed December L9, 1791, formally ratified the cession provided for in its act of December 23, 1788. Maryland also gave $72,000, and in 1796, 17 ( .»7, and 1799 loaned $250,000 more for the erection of public buildings in the District for the use of the General 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 her for the seat of government. The southern limit of the area of selection for the site of the Dis- trict was, by the act of March 3, 1791, placed at Hunting Creek, an estuary of the Potomac River which enters that river from the west immediately below Alexandria, Va. The northern limit was, by the act of duly 16, 1790, fixed at a small stream named "Connogochegue Creek," which enters the Potomac River at Williamsport, Md., about 100 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 boundary of the District was laid out by Commissioners Thomas Johnson, David Stu- art, and Daniel Carroll, who were appointed by President Washing- GOVERNMENT OF THE DISTRICT OF COLUMBIA. 7 ton on January 22, L791, pursuant to the act of July 16, 1790, and directed by a Presidential proclamation dated January 24, L791, to proceed forthwith to make a preliminary survey, or, in the President's words, to run "lines of experiment" which were substantially in accord with those finally adopted :is mentioned in the following paragraph. The site of the District was finally located, partly in the then and present Prince < reorge and Montgomei*} counties, in the State of Mary- land, and j tartly in Fairfax County, in the State of Virginia, by procla- mation of President George Washington, March 30, L791, a- follows: Beginning at Jones Point, being the upper cape of Hunting Creek in Virginia, ami at an angle m the outsel of 4"> degrees west of the north, ami running in a direct line ten miles for the firsl line; then beginning again at the same . I ones Point, and running am it Iht direct line at a ri-_ r lit angle with the first am iss the Potomac, ten miles, for the second line; then, from the terminations of the said firsl and second lines, running two other direct lines of ten miles each, the one crossing the Eastern Branch aforesaid, and the other the Potomac, and meeting each other in a point. The corner stone was laid at Jones Point, on the Virginia shore, with Masonic ceremonies, April 15, 1791, and now forms part of the foun- dation of the Jones Point light-house, which was built over it. A. survey of tin? District, which was commenced in L881 under the direction of the United States ( Joast ami ( reodetic Survey, at the expense i<\' the District, demonstrated that the boundary lines of the District as laid down by the Commissioners in L 790 are incorrect. The north- ern point is 116 feet west of the meridian running through the southern corner, and each of the sides exceeds p> miles in length, as follows: Southeastern side, 10 miles 230.6 feet. Northeastern side, 10 miles 263.1 feet. tithwestern side, m miles 70.5 feet. Northwestern side, In miles 63.0 feet. An account of this and other surveys and maps of the District is contained in a paper presented before the National < reographic Society by Marcus Baker, March 23, 1894, and published in Volume VI of the National Geographic Magazine. ACCEPTANCE OF THE SITE. Section 3 of the aforesaid act of July 16, 1790, prescribes, among other things, thai "the District so denned, limited, and located shall J„ deemed t hi District accepted by this act for the permanent seal of the Governmenl of the United States." NAMING THE DISTRICT. The firsl official mention of the Districl by name is in a letter of the original Commissioners dated Sept em her 9, 1791, in which they state: •• We have agreed thai the Federal districl shall he called the Territory of < Jolumbia," etc. They had no authority of law to name it. The first statutory mention of tin- name "District of Columbia " is in the title, hut not in the body, of "An act authorizing a loan for the use of the city of Washington, in the Districl of Columbia, and for other purposes therein mentioned," approved May •'-. IT'."''. The Dis- trict is also referred to in at least one of the subsequenl statutes as the Territory of ( lolumbia. Although it is rrequentl} called the Districl of Columbia in various 8 GOVERNMENT OF THE DISTRICT OF COLUMBIA. statutes, it was first so definitely designated by law in the first para graph of "An act providing a permanent form of government for the District of Columbia," approved June 11, 1878. as follows: That all the territory which was ceded by the State of Maryland to the Congress of the United States for the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia (20 Stats., 102). ASSUMPTION OF LEGAL JURISDICTION BY THE UNITED STATES. The acts of cession of both States provided that the jurisdiction of the laws of those States, respectively, over the persons and property of individuals residing within the limits of the sections aforesaid should not cease or determine until Congress, having accepted such cession, should by law provide for the government thereof under its jurisdic- tion, in the manner provided in the eighth section of the first article of the Constitution of the United States. The United States assumed legal jurisdiction in the District by "An act concerning the District of Columbia," approved February liT. 1801 (2 Stats., 103). TRANSFER OF THE SKAT OF GOVERNMENT TO THE DISTRICT OF COLUMBIA. The date of the transfer of the seat of Government to the Dis- trict of Columbia was fixed by the first paragraph of section of the act of July 1*'', 1790, as follows: "And he it 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 transferred to the Dis- trict and place aforesaid;" the place referred to being the portion of the District selected for the Federal city. The date of the first meeting of Congress in the District was. by an act passed May 13, 1800. fixed for the 17th day, or the third Monday. in November, 1800; but it actually met for the first time in the Dis- trict 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 tin 1 Capitol, then the only completed part of the building. A quorum of the House of Representatives was present on the lsth of November. The President arrived in Georgetown on June 3, 1800, and in Wash- ington the next day. The personnel and records of the several Depart- ments were transferred from Philadelphia to Washington about the same time. The Supreme Court held its first session in Washington on the 1th of the ensuing February. The Congress provided for by the Constitution began proceedings in New York City on April 8, 1781). and on December 1, 17t>< >. removed to Philadelphia, which was chosen by the act of July 16, 17i'»)(l Stats.. 130) as the temporary seat of Government until its removal to the District of Columbia. The Congress of the Revolution held its first session in Philadelphia, Pa., September 5, 1771. It also met in Baltimore, Md.; Lancaster and York, in Pennsylvania; Princeton and Trenton, in New Jersey; Annapolis, in Maryland; and in New York City, in the order as stated. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 9 COUNTY SUBDIVISION. The District was divided into two counties by an act of Congress approved February 27, L80] (2 Stats., L05). 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 (ib.) 5 was named the county of Washington. RETROCESSION OF ALEXANDRIA COUNTY. Pursuant toan act of Congress of July 9, 1846 (9 Stats., 35), and with the assent of the people of the county and town of Alexandria. 1'r dent Polk, by proclamation of September 7. L846, gave notice that the portion derived from the State of Virginia was re-ceded to thai State. The District was thereby reduced to its present area. BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA WD THE STATE VIRGINIA. OF The boundary line between the District of Columbia and the State of Virginia has. by judicial decisions, and by acts of Virginia and Mary- land 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: thai is to say. from lew-water mark at one headland to low-water mark at another, without following indentations, bays, creek.-, inlets, or affluent river-, i Act of Congress approved March 3, 1879, 20 Stats., l-_. CKNSUS. The population of the District from L790 to 1900 has been as follows; 1800 . 1810. 1820. 1830 . 1840 1870 1894 . 1 397 . Washing- ton. 3,210 13,247 L79, 148 217,617 tow li. Ill .717 Wiish- (subur- 941 117 4,97] 7. 227 1 (subur- ban i. I ! :.! 177 in total. 2, 172 7.J7- 9, tin 14,21(1 dria I ing the Chesapeaki • • item of 15,531 fi >r sub d George tow n became b pai , by the Metropolitan i ment. 10 GOVERNMENT OF THE DISTRICT OF COLUMBIA. ABOLITION OF AFRICAN SLAVERY. African slavery in the District of Columbia was abolished April 16, 186.}, 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 snch 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 exceed in the aggregate an amount equal to three hundred dollars for each person shown to have been so held by lawful claim. 11 One million 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 (1 Stats., 167). FORMS OF LOCAL GOVERNMENT. A brief account of tin 1 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. 11 "Georgetown," "The Levy Court," and "'The District of Columbia." THE CITY (>F WASHINGTON. LOCATION. The locality in the District of Columbia designated "the city of Washington" occupies a peninsula formed by the main and eastern blanches of the Potomac River. It embraces the Federal city as laid 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. The portion of the city not within the limits of former Georgetown was established pursuant to the provisions of section 3 of the act of Congress of July 16, 1790, entitled "An act for establishing the tem- porary and permanent seat of the Government of the United States' 1 (2 Stats., 130), which provided that the commissioners appointed 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 com- missioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 11 buildings for the accommodation of Congress, and of the President, and for the public offices of the Government of the United State-."" The city was located in the portion of the District ceded by Mary- land conformably to the requirement of the act of March 3, IV'.M. amendatory of the act of duly hi. L790, "that nothing herein contained shall authorize the erection of the public buildings otherwise than on the Maryland side of the river Potomac." By an act of Congress approved August I 8, 1 s .">f> (21 Stats., 120), the hounds of the corporation of the city of \\ ashington were extended so far as to comprehend the Lowe'- Eastern Branch or Navy-Yard Bridge. As first established it contained >l. Llo.91 acres; but on February 11. L895, its aiva was increased to (5,511. (19 acres by the annexation of ( reorgetown. pri ii -: i'i:. The proprietors of t he 6, 1 10.91 acres conveyed the same on dune 29, L791, in trust to two t rustees, Thomas Bcall 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 Stale- for the time being shall approve." 'Those trustee- 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 street- 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 l'. ( . 1791, nested in the same trus- -. subject to the same terms and conditions as those to which the said proprietors had subjected their land. Till; DESIGNING OF I III: ['LAN OK THE CITY. The credit of designing the plan of Washington i- mainly duo to Maj. Pierre Charles L'Enfant, who was employed for that purpose. His plan, without material alteration, was approved by President Washington in August, 1791, but upon his contumacious refusal of the commissioners' request that his plan be engraved, he was dismissed March 1. 1792. Upon the dismissal of Major L'Enfant, Andrew Ellicott, who had ted in surveying the site, was directed to " finish the laying of the plan on the ground." and prepare a plan from the material- gath <• red and from the in format ion obtained by him while assisting L'Enfant making the surveys. His plan, which was substantially that of L'Enfant, was the first plan engraved and published for distribution. Its publication and promulgation were alluded to by President Wash- ton 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 tiiat Congress, by an act approved August 27, 18S8 (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 ' be recorded in the surveyor's office of said District mile-- made in iy with tin al plan of tin- city of Washington," and t<*d it in the general highway-extension law of March 2, 189H. 12 GOVERNMENT <>F THE DISTRICT OF COLUMBIA. 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 layout 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.) DISTRIBl'TION t)F 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 he 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 $66f per acre, and the remainder to providing public buildings as con- templated 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 reconveyance 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, 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, and these entries of allotment, together with the certificates thereof, are the only evidence of title of the original grantors to the portions to which they were entitled under the provisions in their trust deeds. (Sec opinion of Attorney-General Cushing, dated August 1, 1855.) The land was divided as follows: A civs. Total number of acres taken for the city 6, 1 ID. !)4 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 lo, L36 lots given back to former owners 981. 94 As the 541 acres for public buildings and reservations were required to be paid for out of the first 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 the sites and grounds for the Capitol and other public buildings, but received a large amount of money from the net proceeds of the sales of the alter- nate building lots apportioned to it. NAMING THE CITY. The first official mention of the city by name was in a letter of the original commissioners to the President, dated September 9, 1791, in which they state: " We have agreed that the Federal district shall be GOVERNMENT <>F THE DISTRICT OF COLUMBIA. 13 called the Territory of Columbia, and the Federal citythe ( !ity of Wash- ington," although they had qo statutory authority to name either of them. The firsl statutory reference to it by that name is in the title of " An act authorizing a loan for the use of the city of Washington, in the District <»t' Columbia, and for other purposes therein mentioned," approved May 6, L796, but the name does not occur in the body of the law. The boundaries of the city were never specifically defined by law. THE FIRST CITY OF* [CI \l>. The first local officials of the Federal city were the Presided of the United States, the three commissioners appointed by the President under act of duly 16, 1790, and. to a limited extent, the officers of the levy court. On July 1. L802, the office of the three commissioners was abolished by section 1 of "An act to abolish the board of commissioners in the city of Washington, andf or other purposes, approved .May ! . 1802" (_? Stats.. 17.")). which directed the commissioners to deliver all their official records and property relating to said city to an oflicer created by said act and styled superintendent," to be appointed by the Presi- dent, and to succeed to all the powers and duties of said commissioners. This office of '•superintendent"" was abolished March 3, L817, by the operation of an act of ( !ongress approved April 29, 1816 ('■) Stats., 32 1 ). which, in lieu thereof, created the office of one commissioner to super- intend public buildings and succeed to all the powers and duties of the former three commissioners and of said superintendent, but 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 t<> the Chief of Engineers of the United States Army by an act of Congress approved March 2, L867 (14 Stats.. ±6G). The duties winch were 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 commonly appertain to municipal control were, as hereinafter stated, intrusted to the inhabitants of the city of Washing- ton by an act incorporating them for that purpose. THE FIRST CHARTER <>K THE CITY '>F WASHINGTON. The first incorporation of the inhabitants of the city of Washington was effected by an act of Congress approved May 3, L802 (2 Stats., L95). This charter provided for a mayor appointable by the President of the United States, and a city council to be elected by the people. and was modified by subsequent acts of Congress. The first mayor wasappointed in June, 1802, and was reappointed annually and served until the second Monday in June, 1812. An act of Congress of May I. L812 (2 Stat-.. 721), devolved the duty of electing a mayor upon t he city council. That method was in force until the first Monday of dime. 1820, from which date, pursuant to said act of Congress approved May 1.'.. L820, the mayor was elected by the people for terms of two years until May 31, 1871, on which date the charter of the corporation expired pursuant t<> the provisions of an act of Congress approved February 21, L871 (16 Stats., II'.*). which continued the name of the city of Washington, but only a- a local designation. 14 GOVERNMENT OF THE DISTRICT OF COLUMBIA. WIDTH OF HIGHWAYS. The widths of the streets and avenues of Washington, between the building lines, arc: NORTH. A B C 1) E F G II I K L M N P Q K S T 90 90 80 70 90 100 90 90 90 147.8 90 80 90 90 90 90 90 90 90 U V W 90 80 80 A B (' D E F G II I K L M X 1* Q K S T I' V W 90 oo 80 90 90 7() loo so '.to so 90 90 90 85 85 85 85 85 85 so so 40 1 1 ■1 :; 1 5 6 7 s o lo 11 1 13 14 Lo Hi 17 is SI) 110 00 00 85 100 85 oo loo 90 so on 11 2 1 )0 100 00 so 100 SO 10 20 21 22 23 24 SI) 100 so so so SO WEST. 1 ■- I • ) ;; 4 n 5 (i 7 8 10 n 12 L3 l:;. 1 , 14 15 so -.10 oo 110 so no so loo 85 loo 85 85 in. 5 85 1 1 o 70 110 110 LP 17 is 10 20 21 22 •);; 24 27) 26 27 2s 160 111 90 110 00 00 00 100 00 00 so 70 si i North ami South ( lapitol, L30; Easl < 'apitol, 160; Boundary, 80; Water, oo and 80 Connecticut, 130; Delaware, 160; Georgia, 160; Indiana, 160; Ken- tucky, 120; Louisiana, 160; Maryland, L60; Massachusetts, L60; Mis- souri, 85; .Maine. 85; New York, east of Fifteenth street, 130; New York, west of Seventeenth street, L60; New Jersey, 160; North Caro- lina, 16i»; New Hampshire, 120; Ohio. 160; Pennsylvania, east of Fifteenth street, L60; Pennsylvania, west of Seventeenth street, 130; Rhode Island, 130; South Carolina. 160; Tennessee. 120; Vermont, 130; Virginia, Mall to Eastern Branch, 160; Virginia, B street to Rock Creek. 120. Besides the aforesaid streets and avenues, a number of small streets have been named by Congress or the corporation of Washington and approved by the President of the United States. Many minor streets which were not in the original plan of the city, nor created by specific legislative action, have been made by the sub- division of squares and lots, and genera! authority is given by an act of Congress approved duly 22. 1892, as amended by act of August 24, 1891, to open minor streets not less than 4<> nor more than 60 feet wide. to run through a square from one street to another. An act of Congress approved March 1, 1884 (23 Stats., 3), declares that all public roads and highways while kept up and maintained as such are post routes. ORIGINAL ALLEYS. . resident Washington, in his order of October IT, 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 15 for tln> common use or convenience of the occupiers of the respective squares, the property in the same is reserved in the public, so that there may be an immediate interference <>n any abuse of the use thereof by any individual to the nuisance or obstruction of others." GEORGETOWN. The part of Washington which was formerly Georgetown was laid out pursuant to an act of the province of Maryland dated June S, 1751, passed in response t<> a petition of several inhabitants of Frederick County, in said State. This act appointed seven commissioners to pur- chase 6< i acre- belonging to Messrs. ( ireorge ( rordon and ( J-eorge 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, alio wine sufficient space or quantity thereof for streets, lanes, and alleys.*" The act then adds that upon the coin pletion of said proceedings the locality is ""erected into a town, and shall he called by the name of Georgetown." It was never incorpo- rated as a city, but was commonly called the city of Georgetown as a consequence of the casual reference to it by that title in numerous acts of < longress. The general supposition is that the town was named in honor of George II. then the reigning sovereign of Great Britain, hut it is also contended that it was named as a compliment to the two ( J-eorges 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 by an acl of the general assembly of Maryland of that date with a mayor, recorder, aldermen, and common council. The first mayor was appointed by that act for one year, to commence January 1, 1790. The office was thereafter filled annually on the first Monday of January by the votes of tin' mayor, recorder, and common council, or in an analogous manner, until the fourth Monday of February, 1831. The office was then and thereafter biennially filled by vote of the people. The streets of this part of Washington generally run due north and -out It and east and w est . By an arbitrary order of the District Commissioners, dated October 4. 1880, the north and south streets were renamed from Twent\ 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 Needwood, were so situated as not to admit of designation under either of those systems. The -treet- are ,- > ( » feet wide from building line to building line, except K. which i- 70; M. 82£; Thirty -fifth, 80; Thirty-second from K to the angle south of N. 82£; Valley. 33; Mill. 33; and Poplar, I". Georgetown had been enlarged by numerous additions, until it em- braced 1001 acres. It- charter was revoked May 31, 1871, lr\ the acl of Congress of February 21, 1871, aforesaid, by which it- name was retained as a topographical designation, until its consolidation with Washington by the ad of February I I. 1895 (28 Stat-.. (550). 16 GOVERNMENT OF THE DISTRICT OF COLUMBIA. THE LEVY COURTS. When the District of Columbia was first established the local public affairs of that portion of its territory located in Maryland were admin- istered by two bodies, which had jurisdiction over the portions derived from Prince George County and from Montgomery County, respec- tively, composed of justices of the peine, who were commissioned by the governor and council of that State :is •'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. 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 per- formed by the levy courts of Maryland. Under the above-mentioned and subsequent laws of Congress the levy courts administered the local governmental affairs of that part of the District of Columbia situated outside of the cities of Washington and Georgetown. No subsequent legislation seems to have been enacted by Congress relative to the jurisdiction of the levy court of the county of Alex- andria except as it wa> affected by the act re-ceding that county to Virginia. 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 ('reek and outside of Georgetown, and three from Georgetown. The city <>f Washington, although not represented in tin 1 court, was required liy section 1 1 of the same act to bear and defray 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 10 of the act of May 17, 1848 (9 Stats. ,230), the President was directed to appoint four members from the city of Washington in addition to the seven appointable from the other portions of the District. The requirement that the membership of the court should he selected from among the justices of the peace for the county of Wash- ington was repealed May 3, lsiy2, by an act of that date (12 Stats.. 384). By an act approved March 3, 1863 (12 Stats.. T'.tit), the membership of the court was reduced to nine persons, without respect to their occu- pations, to he appointed by the President and confirmed by the Senate, in such maniier that the terms of one-third of the members should expire annually, and its jurisdiction and functions were specifically prescribed. The functions of the levy court remained substantially as established by the last-named act until May 31. 1871, when the court was abolished by the act of February 21, 1871 (16 Stats., 428), which consolidated the local governments in the District into one municipality. FIRST 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 GOVERNMENT 01 THE DISTRICT OF COLUMBIA. 17 the levy court of the county of Washington, established in their stead a single municipal government named the District of Columbia, having jurisdiction conterminous with "all that territory which was ceded by the State of Maryland to the Congress of the United States for the permanent seat of the Government of the United States." 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 secretary, a hoard of health, a legislative assembly consisting of a council of eleven members, and a house of delegates consisting of twenty-two members, and a Delegate in the House of Representatives of the United States. The governor, the hoard of puhlic works, the secretary, the board of health, and the council were appointed by the President of the United States, by 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 voter- of the District of Colum- bia. The official term of the governor, members of the board of public works, the secretary, and the members of the board of health was tour years; the term of the members of the council and the Dele- gate to Congress two year-, and the term of the members of the house of delegates one year. SECOND MUNICIPAL GOVERNMENTOF THE ENTIRE DISTRICT OF COLUMBIA. ( )n June 20, 1874, by an act of Congress of that date i LS Stats., l L6), the form of government established by the act of February 21, 1871, was abolished, and the executive municipal authority in the District temporarily vested in three Commissioners appointed by the President of the United State- and confirmed by the Senate, who succeeded in general to the powers and duties of the governor and the hoard of public works. All valid laws affecting the District then existingwere continued in force. This temporary form of government existed until duly 1. L878, when, pursuant to an act of Congress of dune 1 1. 1878 (20 Stat-.. 102), it was succeeded by the present form. I Hi; PRESENT FORM «»!•' GOVERNMENT FOR THE DISTRICT of COLUMBIA. The present local government of the I >i-t rid of ( Jolumbia is a munic- ipal corporation, having jurisdiction coincident with t he territory which had been subject to the two municipal governments immediately pre- ceding it. This government is administered by a hoard of three Com- missioners, having in general equal powers and duties. Two of them, who must have been actual residents of the District for three year- next before their appointment, and have during that period claimed residence nowhere else, are appointed from civil life by the President of the United State-, and confirmed by the Senate of the United States, i term of three years each, and until their successors are appointed and qualified. Attorney-General Devens rendered an opinion July 7. L880, that the term of office <>f an\ < !ommissioner appointed from civil life. whose predecessor shall not have served a full term of three years, is three years from the date of hi- appointment and until his successor 'all he appointed and qualified, and not for the unexpired part of such S. Doc. 207- 2 18 GOVERNMENT OF THE DISTRICT OF COLUMBIA. predecessor's term. The other Commissioner is detailed from time to time by the President of the United States from the Engineer Corps of the United States Arnry, and shall not be required to perform any other duty (20 Stats., 103). The act of June 11,. 1878, prescribes that the Commissioner so detailed shall have lineal rank above that of captain; but this requirement is qualified by the joint resolution approved December 24, 1890 (26 Stats., 1113), which provides that he- may, in the discretion of the President 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. F OFFICE OF COMMISSIONERS. Each of said ( Jommissioners shall, 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 (20 Stats.. 103). PRESIDENT OF THE BOARD. One of said Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annually and whenever a vacancy shall occur thereafter (20 Stats., 103). QUORUM. Any two of the Commissioners of the District of Columbia. sitfi,,f employees, remove from office, and make appointment toany office under them authorized by law. GENERAL DUTIES OF COMMISSIONERS. The Commissioners are in a general way vested with jurisdiction covering all the ordinary features of municipal government. Although Congress is vested with exclusive' legislative authority in the District of Columbia, it has by sundry statutes empowered theCom- , missioners to make building regulations; plumbing regulations; to make and enforce all such reasonable and usual police regulations as they may deem necessary for the protection of lives, limits, health, comfort, and quiet of all persons and tin 1 protection of all property within the District, and other regulations of a municipal nature. The Commission- ers have from time to time exercised the duty so devolved upon them. In the exercise of their duties, power, and authority, they must make no contract nor incur any obligation other than such contracts and obligations as shall he approved by Congress (20 Stats.. L03). ESTIMATES. The Commissioners are required to submit to the Secretary of the Treasury of the United States, on or before October 1 of each year, an estimate of the amount necessary to defray the expenses of the gov- ernment of the District of Columbia for the next fiscal year, which the Secretary of the Treasury shall transmit to Congress with a statement as to the extent to which said estimates have his approval (20 Stats., L04;23 Stats., 254). APPORTIONMENT OF EXPENSE. The organic act declares that "To the extent to which Congress -hall approve of said estimates, Congress shall appropriate the amount of fifty pei- centum thereof; and the remaining fifty per centum of such approved estimates shall lie levied and assessed upon the taxable property and privileges in -aid district other than the property of the United State- and of the Districl of Columbia" (20 Stats., L04). ASSESSMENTS. The assessment of real property for the purpose of general annual taxation is made by a board of three assistant assessors, who -it also with the assessor as a board of equalization to hear appeals from their ssments. This assessment i- made every three years, but the istanf assessors have power to assess at au\ time any assessable 20 GOVERNMENT OF THE DISTRICT OF COLUMBIA. real property which may have escaped assessment or become liable thereto since the last triennial assessment, and to strike oil' any prop- erty which for any reason shall since then have become nonassessable. Taxable personal property is assessed by the assessor whenever he becomes cognizant that any property of that nature liable to taxation has not been assessed. Assessments against private real property for its share of the cost of public works especially beneficial thereto, and for other special charges except for use of water, are also made by the assessor. Water rents are assessed by the water department. KATE OF TAXATION. The rate of taxation in any one year shall not exceed $1.50 on every $loi) of real estate not exempted by law; and on personal property not taxable elsewhere $1.50 on every $100, according to the cash valua- tion thereof. Upon real property held and used exclusively for agri- cultural purposes without the limits of the city of Washington, and to be so designated by the assessors in their annual returns, the rate for any one year shall not exceed $1 on every $100 (20 Stats., 105). FISCAL YEAR. The fiscal year begins with July 1 and terminates with the 30th of the succeeding June. PROPOSALS. 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 Now 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 of such proposals (ib.). 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 (ib.). All contracts for the construction, improvement, alteration, or repairs of the streets, avenues, highways, alleys, gutters, sewers, and all work of like nature must be made and entered into only by and with the official unanimous consent of the Commissioners of the Dis- trict (ib., 106). The Commissioners may make separate contracts for materials and for labor, in executing public works (22 Stats., 125). GOVERNMENT OF THE DISTRICT OF COLUMBIA. 21 And all the contracts shall he copied into a book kepi for thai pur- nose and be signed by the said Commissioners, and no contract involv- ing an expenditure of more than $100 shall be valid until recorded and signed as aforesaid (20 Stats., LOO). Pursuant to an order dated August 2, L8T8, all contracts are pre- pared by and recorded by the Engineer Commissioner. The Comptroller of the Treasury orally advised the ( lommissioners that books composed of original copies of contracts bound together would meet the requirements of this law as to copying contracts into a book. OFFICERS 1 AM) CONTRACTORS* BONDS. Good and sufficient bonds to the United States, in a penal sum not less than tlu amount of t/u contract, with sureties to be approved by the Commissioners of the District of Columbia, shall be required from all contractors, guaranteeing that the terms of their contract shall be strictly and faithfully performed to the satisfaction of and acceptance by said ( lommissioners (20 Stats., L06). 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 an v officer or other contractor in said District (il... 103). Every officer required by law to take and approve official bond- shall cause the same to he examined at least once every two years for the purpose of ascertaining the sufficienc}" of the sureties thereon: and every officer having power to fix 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 necessary. 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 oi 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 State-, 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 con-trued to repeal or modify section 3S3(i of the Revised Statutes of the United Mate-. (28 Stats., 807.) TERM OF C( 'VI i: \<"l < >Rs' LIABILITY . ( 'out factor- shall keep n.w pavements or other new works in repair for a term of five years from the date of the completion of their contracts (20 Stats., 106). RETENTS FROM CONTRACTORS. Ten per cent of the cost of all new work- shall be retained as an additional security and a guarantee fund to keep the same in repair for said term (20 Stats., L0»>), which said per cent may be invested by 22 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 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 (21 Stats., 501). PUBLIC SCHOOLS. The Commissioners of the District of Columbia are authorized to appoint seven persons, bona tide residents and taxpayers of the District of Columbia, and who have been such for live years immediately pre- ceding their appointment, who constitute a board of education, and whose term of office is seven years, except that the terms of the persons first appointed terminate as follows: One each year, to be determined by lot among the seven members of the board first appointed. The compensation of members of the board is $10 each for personal attend- ance at each meeting, but shall not exceed for any member $500 per annum. 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 may be proper for the government and control of schools, and makes annual report to the Commissioners 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 respects needed changes. The board has power to appoint one superintendent for all the public schools of the District of Columbia, two assistant superintend- ents, one of whom, under the direction of the superintendent, has charge of schools for colored children; a secretary, and three clerks, and to remove said officers at its pleasure, and has power to employ and remove all teachers, officers, and other employees 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 annually sub- mits to the board for its approval the course of studies and list of text- books and other apparatus used in said schools. 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, and the Commissioners include the same in their annual estimate of appropriations for the District of Columbia with such recommendations as they deem proper. (Act of Congress approved June 6, 1900.) 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 3 7 ears, 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 officer 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 GOVERNMENT OF THE DISTRICT 01 COLUMBIA. 23 and such other officers, inspectors, and clerks as ii 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 charitable, eleemosynary, correctional, or reformatory character which are supported in whole or in pail by appropriations of ( !ongress, made for the care or treatment of residents of the District of ( Jolumbia; and no payment shall he made to any such charitable, eleemos} T nary, cor- rectional, or reformatory institution for any residenl <>f' the Districl of Columbia who is not received and maintained therein pursuanl to the rules established by such hoard 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 hoard of charities shall furnish said hoard, on request, such information and statistics as may he desired; and to secure accuracy, uniformity, and completeness of such statistics the hoard may prescribe such forms of report and registration as may he deemed to he essential; and all plans for new institutions shall, before the adoption of the same, he 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 ( 'olumhia: and said hoard, or any author- ized committee 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 he made to the Commissioners. All accounts and expenditures of said hoard shall he certified as may he required by the Commis- sioners, and paid as other accounts againsl the District of (olumhia. The said hoard shall make an annual report to Congress, through the Commissioners of the Districl of ( 'olumhia. giving a full and complete account of all matters placed under the supervision of the board, all expenses in detail, and all officers and audit- employed, with a report of the secretary, showing the actual condition of all institution- and agencies under the supervision of the hoard, the character and econ- omy of administration thereof, and the amount and source- of their public and private income. The -aid report -hall also include recom- mendations for t he economical and efficient administration of the chari- ties and reformatories of the Districl of ('olumhia. The -aid hoard shall prepare and include with it- annual report such estimates of future appropriations as will, in the judgment of a majority of its mem- bers, besl promote the effective, harmonious, and economical manage 1 1 lent of the affairs under its supervision; and such estimates submitted ■shall lie 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 hoard i- authorized to investigate and supervise (ib.). BOARD OF CHILDREN'S (JI \IMHW-. AN A< IT To provide for the care of dependent children in the District of < olumhia an' I to create a board of children's guardians. Bt it enacted by tJu Senatt and JFousi of Representatives of th* United States of America in Congress assembled^ That there shall be created, in 24 GOVERNMENT OF THE DISTRICT OF COLUMBIA. and for the District of Columbia, a board to be known as the board of children's guardians, composed of nine members, who shall serve with- out compensation, the said board to be a body politic and corporate and to have the powers and to be constituted 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 any member of the board: Providi d, That such member 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 prescribe. The board shall have the power subject to the approval of the Commis- sioners to employ not more than two agents, at an annual compensation not exceeding two thousand four hundred dollars for the two, and pre- scribe their duties, and to conclude arrangements with persons or insti- tutions 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 sec- tion 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 suit-able 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 children habitually begging on the streets or from door to door, all children kept in vicious or immoral associations, all children known by their language or life to be vicious or incorrigible whenever such children may be committed to the care of the board by the police court or the criminal court of 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 children to the reform schools of the District shall not he 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 then- discretion, commit to the Board of Children's Guardians, and power is hereby given the board of trustees of the said reform school to com- mit any inmate of their respective institutions to the said board of guardians, conditionally upon the good behavior of the child so com- mitted. Fourth. Under the rules to he established by the board, chil- dren 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 com- mitted to it by the courts, and shall have full power to board them in GOVERNMENT <>l I'HE DISTRICT OF COLUMBIA. 25 private families, to board ("hpin 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 school shall placed at work, bound out or apprenticed, and at any time before attaining majority may be returned to the school from which they came, it' 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 t he board, and as much oftener as the welfare of the child demands. Children received tem- porarily may not be kept longer than one week, except by order of the police court or the criminal court. Sec. • >. That the antecedents, character, and condition of life of each child received by the board shall be investigated as fully as pos- sible, and the facts learned entered in permanent record-, in which shall also be noted the subsequent history of each child, so far a- it can be ascertained. Sec. 7. That the Commissioners of the District shall have authority to prescribe the form of records to be kept by the board of guardians, and the methods to be employed by them in paying bills and auditing accounts; and an annual report of it- 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 overall institutions in which children are placed by the board: and it shall be his duty to recommend annually the appropriation- which in his ju nieiit are necessary to the carrying on of its work: Pmrirfrrf. That the authority for placing feeble-minded children of the District of Colum- bia, heretofore given to the Secretary of the Interior, is hereby trans- ferred to the Board of Children's Guardians. (27 Stats., 2t>8, 552.) DISPOSAL OF CITI REFUSE. The Commissioners contract for periods not exceeding live years, and after advertisement for and the receipt of proposals, for the col- lection and disposal of garbage, miscellaneous refuse, ashes, night soil, and dead animals, under regulation- and specifications they a re ant i i/ed to establish. 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 for such disposal, and subject to the sanitary inspection and approval of the Commissioners. All garbage contract- expressly provide that no garbage or other vegetable or animal matter shall be dumped into the Potomac River or any other water-, fed to animal-, or exposed to the element- upon land. The municipal water supply of the District is obtained from the Potomac River, through an aqueduct, about 12 miles long and !' feet in diameter, and a -\ stem of reservoirs. This part of the water-supply system is under the charge of the Chief of Engineers of the I idled States Army. The distribution of the water to private consumers i- cllected by ;i system of mains and services laid and controlled under t In- supervision of the municipal go\ eminent. 26 GOVERNMENT OF THE DISTRICT OF COLUMBIA. AUDITING. Disbursements are only made upon claims or accounts audited and approved by the auditor of the District of Columbia, except payments of interest and sinking fund of the bonded debt of the District, which are made by the Treasurer of the United States, ex officio commis- sioner of the sinking - fund. The auditor also audits the accounts of the collector of taxes. 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 Treasury. DISBURSEMENTS. All disbursements are made by the disbursing officer except those for the sinking fund, which are made by the Treasurer of the United States, ex officio commissioner of the sinking fund. The disbursing officer is appointed by the Commissioners of the Dis- trict 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 said 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 on the requisition of the Commissioners. JUDICIARY. The judiciary of the District of Columbia consists of a court of appeals, a supreme court, a police court, justices of the peace, and a number of United States commissioners. 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 by the President and confirmed by 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 con- troversies 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, 1920, 1921, chapter 1, Title LX, Revised Statutes of the United States; also any party aggrieved Iry 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 27 to the sum in dispute wherein is involved the validity of any patent or eopj'right, or in which is drawn in question the validity of any statute of or an authority exercised under the United Stan-. ' The supreme court of the District of Columbia consists of one chief justice, with five associate justice-,, whose compensation is $0,000 per annum each. The members of this court are appointed by the Presi dent of the United States and continued 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 court- of the I'nitcd States. It has cognizance of all crimes and offenses 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 I'nitcd State- shall be plain- tiff 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 I'nitcd States. It is invested with jurisdiction to issue writs of man- damus to executive officers of the Federal and municipal government; it has also appellate jurisdiction over justices of the peace It has juris- diction of all applications for divorce, and may entertain petition- for change of name: and it hasconcurrenl jurisdiction with justices of the peace when the amount in controversy exceeds $1 00. 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 £3,000 per annum cadi. They arc appointed by the President of the I idied States mid confirmed by the Senate, for a term of six Sears. The jurisdiction of the court extend- to the disposition of cases in volv- minor offenses against the criminal law- and the holding of per- is 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 Mate- and continued 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. Appeal- lie from them to the supreme court of the District. The I'nitcd States commissioners are appointed by the supreme courl of the District. They arc essential h examining inagist rates, who conduct investigations into alleged violation of I'nitcd State- laws, and decide whether parties appearing before them shall be brought before the grand jury. miii; \<.i.. Residents of the District never had the right to vote therein for national officers, or on other matters of national concern, alter it became t In- -eat of the General Government. Hut from LN02 to June 20, 1874, the citizens of Washington, and from January 1. 17'"'. to said date the citizen- of < "■' irgetown. were cut ii led to vote on munici- pal subjects and for certain municipal oliicers: [he citizens of the 1 tion of the District outside of Washington and Georgetown were entitled to the same privilege from April fl. to June 20, Ls74. The privilege was re act of Congress of that daie. which established the temporary commission form ernment. 28 GOVERNMENT OF THE DISTRICT OF COLUMBIA. STATUTE LIMITATIONS. The statute limitations are: Regarding judgments, twelve years; notes, three years; and open accounts, three years. LEGAL KATE OF INTEREST. 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 LAW IN FORCE IN THE DISTRICT has 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 common law of England, the acts of the British Parliament found applicable to the condition of the people, and the enactments of the provincial and State legislatures of Mary- land. This law was continued in force in the District of Columbia by an act of Congress of February 27, 1801. and so remains, except as modified by subsequent laws of Congress, the numerous laws and ordi- nances of the municipal corporations which have existed in the District, and the orders made by the Commissioners in pursuance of the acts of Cong-ress granting to them the power to make police and other municipal regulations. MILITIA. The militia of the District is organized under an act of Congress approved March 1, 1889. This law requires that every male citizen of the District of Columbia of the age of 18 and under the age of 15 shall be enrolled, except municipal and judicial officers, officers and ex-officers of the United States Army and Navy, officers who have served for live 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, drunk- ards, paupers, and persons convicted of infamous crimes. RELIGION. 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. GOVEKNMENT OF THE DISTEICT OF COLUMBIA. 29 List of the principal municipal authorities of the cities of Washington and Georgetown, and of the District of ' 'alumina. Name. - of the city of Washington, Robert Brent 1 > ; 1 1 1 i < • 1 Rapine James II. Blake Benjamin < ;. Orr Samuel N. Small wood Period. 'I'ln imas ( larberry Ri iger C. Weightman. . . Ji iseph ' Sales, jr John P. Van Ness William A. Bradley Peter F< in •■ William W. Seaton Walter Lenox John W. Maury John T. Towers William B. Magrudcr James <;. Berret Richard Wallach Sayles J. Bowen Matthew « ;. Emery Mayors oftht city a Robert Peter... Lloyd Beall. .. Rentzel. Thuma- ' lorcoran Dai id Wiley John l John Cox Addison Richard R. Crawford Charles D. Welch . . Henry M. Sweeney D.Cooke Alexander Robey Shepherd June, 1802, to June, 1812. June, 1812, to June, 1813. June, 1813, to June. L817. June, 1817, to June, 1819. June. 1819, i" June, [822, and June, 1824, to Sept. 30, 1824. June, 1822, to June, [824, Oct. I. 1824, to Julv 31, 1827. July 31 June, 1830. June, 1830, June. [834. June, [834, June, [836. June, [836, June, [840. [840, June, i860 June. 1850, Jum June, [852, June. iyi. June, 1854, June June, June June, [858, Aug. 24, [861. Aug. 26, 1861, I June, 1868. June, [868, i [870. June, 1870, ! June. 1871. 1789 to [798. [798 to 1803. [803 to [805, and 1806 to 1808 1805 to 1806, and 1808 to 1811, and 1812 to nd 1818 to 1819 1812. 1813 to 1818, and 1821 to 1822. 1819 to 1821. 1822 to 1845. 1845 i" [857, and 1859 to 1867. [857 to 1859. 1867 to 1871. to to to t. to to ' bngress Norton P.Chipman Feb. 28, 1871. to Sept. ; Sept. [3 June 20 Apr. 21, 1871, l< Mar. ; Name. Norton P. ( :hipman . Edwin L. Stanton. . . Richard Harrington Board of pit Henry D.< !ooke,whilegovernor Alexander Robcy Shepherd... s. P. Brown A. B.Mullett James A. Magrudcr. Adolph Cluss Henry A. Willanl .. John B. Blake Board ■■• N. S. Lincoln T.S. Verdi H.A.Willard John M. Langston. . . John Marbury, jr . . . I). Willanl Bl Robert It. Warden .. ( 'hristopher C.Cox.. i i iMMISSIONERS OF THE DIf I RII I OF COLUMBIA. Temporary govt rn William 1 lennison Henry T. Blow John H. Ketcham Ivard Phelps Thomas B. Bryan, succeeded Ketcham. i apt. Richard L. Hoxii necr to the Hoard ol mers. William Tim lary to the board. The In w made no provision for a prcsidi uird of temporary Commissioners.and none was ever elected; bill ( lommissioner Dennison in that capacity at all board sessions when he was pi . Dent Mar. 2, 1871, to \pr 21, 1871. May 19, 1871, to Sept. 2 Sept. 22, June 20, 1874. Mar. 16, 1871, to Sept. 13 Mar. 16, 1871, to Sept. 1 Mar. 16, [871, to June 2, 1873. Mar. [6, 1871, to June 20 Jan. 2, June 20 May 22, 1873, to June 20, 1874. Sept. 13, June 2 Mar. 15, Mar. 22, 1871. Mar. 15, 1871, to Julv 1. 1878. Mar. 15, 1871; de- ed a p- pointment. Mar. 15, [871, to Nov. 10, 1877. Mar. 15, 1871, to Julv I, [878. May 23, 1872, to Julv 1, 1878. Julv 1. 1878. Apr. 3, 1871, to Julv 1, 1878. Julv 1, 1874, to Julv I. ]s7^ Julv 1. 1874, lo ! 1871. 1874, !•• June .: Julv I, 1878. 1874, to Julv ! 60 GOVERNMENT OF THE DISTRICT OF COLUMBIA. List of the principal municipal authorities of the citiesof Washington and Georgetown, and of the District of Columbia — Continued. COMMISSIONERS OF THE DIS- TRICT of Columbia— cont'd. Permanent form of govern- ment — Continued. Seth Ledyard Phelps Maj. William Johnson Twining Thomas Phillips Mor?> Maj. Garrett J. Lydeeki i Joseph Rodman West James Barker Edmonds William Benning Webb Samuel Edwin Wheatley Col. William Ludlow Maj. < 'harles Walker Raymond. John Watkinson Douglass Lemon Galpin Hine Lieut. Col. Henry Martyn Robert. John Wesley Ross Capt. William Trent Rossell . Myron Melville Parker Maj. Charles Francis Powell. George Truesdell Capt. William Murray Black. John Brewer Wight Henrv Brou n Flovd Macfai land. Cant. Lansing Fioskins I July 1, 1878, to Nov. 29, 1879. Juno 29, 1878, to May 5, 1882. Nov. 29, is?;), to Mar. 8, 1883. May 11, 1882, to Apr. 1,1886. July 11, L882, to July 22, 1885. Mar. :;, 1883, to Apr. 1. 1886. July 20, 1885, to May 21,1889. Mar. 8, 188b, to May 21, 1889. Apr. 1. 1886, to .Ian. 'jr., l.sss. Jan. 26, 1888, to Feb. 3, 1890. May 21, 1889, to Feb. 28, L893. May 21, 1889, to Sept. 30, 1S90. Feb. 1 1, 1890, to Oct. 14, 1891. Oct. 1, 1890, to— < »ct. 15, 1891, to May 6, 1893. Feb. 20, 1893, to Mar. 9, 1894. May x. Ism:;, to Mar. 1, 1897. Mar. m, 1894, to May 7, 1897. Mar. 2, 1897, to May 31, 1898. May 8, 1897, to Mav 8, 1900, May 9, 1900. June 1. 1898. Name. COMMISSIONERS OF TIIK, his TRICT OF COLUMBIA— cont'd. Assistant* to Engint er ( 'ommis sioners. Capt. R. L. Hoxie ( apt. F. V. < Ireene Lieut. C. McD. Townsend Capt. F. A. Mahan < 'apt. Eugene < Iriffin i apt. Thos. W. Symons Capt. s. s. Leacli Capt. J. L.Lusk i lapt. Wm. '1". Rossell ( lapt. < lustav J. Fiebeger i 'api. i leorge Md !. Derby ( apt. Edward Burr < apt. Lansing II. Beach Capt. William !•',.( 'raighill Capt. David Du B.Gaillard.. . ('apt. II. ( '. Newcomer Period. July 21, 1878, to Vug. 1,1884. May -2. 1879, to Mar.3, 1885. Auk 1. 1884, to Mar. 6, ism.. Mar. 25, 1885, to May 27,1886. May 27, 1886, to Mar. 6, 1888. June 6, 1886, to Nov. 1. 1889. Mar. 6, 1888, to June 2, lsss. June 2, lsss, to Mar. 1,1893. Nov. 1, 1889, un- til detailed as a Commis- sioner, Dis- tort of Co- lumbia, Oct. 15, 1891. Oct. 31, 1891, to May 27,1896. Mar. I, 1893, to Oct. 8, 1894. Oct. 9, 1S94, to Apr. 28, 1898. Oct. 30, 1894, un- til detailed as a Commis- sioner, Dis- trict of Co- lumbia, June I. 1898. Feb. 28, 1899, to Sept. 15,1899. July 21, 1899, to 1901. Dec. 27, 1899. o LIBRARY OF CONGRESS 014 368 766 1