;!«iKi;i;ai!i:!i:i^^^ ...i :-;i,;'i}i>'' LIBRARY OF CONGRESS D0D17TTfllibA ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA BY WILI.IAN1 XIND^VLL JUNE, 1903 WASHINGTON GOVERNMENT 'printing OFFICE 1903 ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA BY W^ILLI.\M TINDALL JUNE, 1903 J - O » , WASHINGTON GOVERNMENT PRINTING OFFICE 1903 ^UG 14 1903 D. of D. • •• ; • « .« • .• PREFACE. The distinctive object of this compilation is to present in chrono- logical order the essential features of the principal legislative and oflScial 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 strictl}^ 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 AY. D. to Webb's Digest of the laws of the city of Washington. The only time which has been available for the preparation of this pamphlet has ))een brief and desultory intermissions in the work of the office. It is therefore necessarily restricted in its details, and crude in arrangement, but, it is hoped, will be measurably useful to those seeking only general information on the subject of which it treats, while it may form a convenient groundwork for more thorough and skillful efforts by others in the same direction. I am indebted to Mr. Louis C. Wilson of the Commissioner's office for assistance in verifying transcripts and references embraced in the work, and to the assessor's report for the fiscal j^ear 1903 for a portion of the data con- tained in the article on the subject of taxes and assessments. William Tindall. June 2, 1903. 3 oia(;m and government of the district of Columbia. Tlic District of Coluinhiii is the scat of g'overniiicut of the United States of America. LOCATION AND TOPOGRAPHY. It is situated on th(^ hd't or eastern l)ank of the Potomac River, 106 mih^s from its entrance into C/hesapeake Bay and about 185 miles, via said riv^er and bay, from the Atlantic Ocean. The center of the Disti'ict, as oriuinally established, was in longitude 77'^ 02' 27.745" west of (xreenwich; in north latitude 38° 53' 34.915", and in the vicinity of Seventeenth and C streets NVV., in s(iuare south of S(|uare No. 173, in the city of Washington; but, as a consequence of the reti'ocession to Virginia of the portion of the District derived from that State, tlu^ original centc^r ])oint is now nearly on the south- western border, although it is still approximat(>ly midway l)etween 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 ui-l)an section, named "the city of Washington," and of a suburban and agricultural section, which contains a mnn))er of unincorporated villages. It embraces an area of (59.245 s(iuare miles, 00.01 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 iiiver to an eie\'ation of 420 feet at the highest point, which is about a half mile soutlieastwardly from the middU^ of its northwestern boundary. The main branch of the Potomac River foi-ms the southwestern boundary. It is joined from the east, about 3 miles north of the southern apex of the District, ])y the Anacostia River, or Eastern Branch, which Hows through the District in a southwesterly course to that point. The navigation of the Potomac for vessels of conmierce practically terminates at the Aipieiluct Bridge, about 3 mih^.s from its junction with the Anacostia; the like navigation of the Anacostia stops at the Navy -Yard Bridge, about 2 miles above its junction with the Potomac. 5 6 GOVERNMENT OF THE DISTRICT OF COLUMBIA. AUTHORITY von ITS ESTABLISHMENT. The Disli-ict of C()luni])iti Avas estaMished as the seat of gov^ernmeut of the United States by proeeedino-s taken under authorit}' and direc- tion of the acts of Congress approved fhily Hi, I7l>0, entitled "An act for establishing the teniporary and permanent seat of the Government of the United States" (1 Stats., 180) (pp. 72, 75, and 81), and the act of Marcli 3, 171>1, entitled ""An ai^t to amend 'An aet for establishing the temporary and permanent seat of the Government of the United States'"' (1 Stats.. 214) (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 partitailar 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 purcliased 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 Iniildings. An a]>stra('t of th(> Congressional proceedings prior to the passage of said acts, on the subject of locating the seat of government, is contained in A])pendix 1. The right lo exercise exclusive authority at the seat of government w^as 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 w hich 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 wi're 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 repl}" to an observation that it was not necessary for Congress to legislate iov the govermuent of the District of Columbia, as the people of the District had lived happily for one hundred 3'ears 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 bestoM' dignity and independence on the Government of the Union. It w as to protect it from sue h outrages as had occurred when it was differ- ently situated, when it was without t-ompetent 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 protection, or there might GOVERNMENT OF THE DISTRICT OF COLUMBIA. 7 exist a spirit iiostile to the General Government, or, at any rate, indisposed to give it proper protection. Tliis was one reason, among others, for the provisions of the Constitution contirmed and carried into effect hy the acts of Maryland and Virginia and by the act of Congress ( p. 7(>) . 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 l)c 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, 1784, to erect the neces.sarv l)uildings (p. 47). On December 23, 1784, Congress ordained that "three coumiission- ers be appointed with full i^owers 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 ])elow the falls thereof, for a Federal town," etc., and on February 10 and 11 appointed Philip Schuyler, Philemon Dickinson, and Robert Morris as such commis- sioners. Philip Schuyler declined to accept the ofBce, and on March 16 John Brown was appointed in hi.s 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 eflect, 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. 60). 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, by an act of its general assembh^ passed Diu'ember 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 any district in said State not exceeding 10 miles square 8 GOVERNMENT OF THE DISTRICT OF COLUMBIA. which the Congress might fix upon and accept for the seat of govern- ment (p. 82). The latter State, by an act of its general assembh^ 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 ))anks of the Delaware was also ofl'ered by certain citizens of Pennsylvania and New Jerse}^ as a site for the seat of government (p. 64). The general assembly" of Maryland, by an act passed December 19, 1791, formally ratified the cession provided for in its act of December 23, 1788 (p. 96). Maryland also gave $72,000 (p. 101), 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 acceptan^-e by Congress of the cession of the site oflered 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 River which enters that river from the west immediately })elow 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 Itoundary 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 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 survey, or, in the President's words, to run "lines of experiment," which were substantially in accord with the lines subsequently adopted as her,einafter 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 beginning- 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. ^9). 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 9 partly in Fairfax Count3% 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 nortli, and running in a direct line 10 miles 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 otlier 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 bei»inning in the boundaries of the District was laid at riones Point, on the Virginia sliore, with Masonic ceremonies, April IT), 1791, and now forms part of tlie foundation of the retaininp' wall of the terrace or yarden around the flones I'oint lioht- house. It is undei- the o-atewav, and almost directly south of the center of the light-house, on the north bank of Hunting Creek. ^ A surve}' of the District, which was conunenccd in 18M1 under the direction of the United States Coast and Geodetic Survey, 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 5>.) Tlu^ land boundary of the District of ('olumbia is marked on the ground by sandstone mileposts 1 foot square and 2 feet high, munbered 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 the}' respectively are from the corner at which the numerical series to which they l)elong 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 (SESSION. At the time the District was established three towns existed in the portion of it which was ceded from Maryland, nanndy, (leorgetown, CarroUsburg, and Hamburg. The last two. althougii they were laid out on the records, had no corporeal existence. CarroUsburg was the name of a tract on the northern bank of the Eastern Branch east of Arsenal Point, containing lt)0 acres, subdivided into '■Jii^^ lots, under a deed of trust recorded at " iNlarl borough," Md., November 2, 1770. Hamburg, sometimes called Funkstown, fronted on the Potomac in the neighborhood of Twenty-fourth street west,' and contained 120 acres, su))divided into 2S7 lots, by its owner, Jacob Funk, b}' a platalso recorded at 'VMarlborough." Md.. October 28, 1771 (p. 113). ACCEPTANCP: of the SITE. Section 8 of the aforesaid act of July UJ, 1790, prescribes, among other things, that ''the District so detined. limited, a!id located .■,' deeiiu'd 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 paper presented before the National Geographic Society by IMarcus Baker, March 23, 1S94, and published in Volume VI of the Natioual (u'Ographic Magazine. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 11 contains a substantially similar provisioji. Both of those provisions are adopted by the act of March 8, 1791, as applicable to the site located under the enlarged purview of that act. NAMING THE DISTKICT. The first ofiicial mention of the district by name is in a letter of the original Counnissioners dated September 1), 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 tiile^ but not in the body, of "An act authorizing a loan for the use of the city of Washington, in the Disti'ict of Columbia, and for other i)urposes therein mentioned,'' approved May 6, 1796; but a previous statutory use of the name appears in the fourth section of the act of the Maryland legislature, appi'oved in Novem})er, 1793, entitled "A further supplement to the act concerning the Teiritory of Columbia and the city of Washington" (p. 114). Th«5 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 sul)ject of naming it, 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 all that j)art of thi; territory of tlu! United States iiuilniled ivlthhi the IhiiiU of the Didrict of Columbia be, and the same in hereby, created into a go\crnnient by the name of the District of Colnnibia, 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 sufiiciency 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 'wlnck vuis ceded hfi 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. ) 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 GOVEKKMENT OF THE DISTEICT 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 tlic manner pi'ovi(h^d in the eighth section of the tirst article of the Constitution of the United States. Section! of the act of Congress approved July 16, 1790, contains a corresponding provision. The authority of the Government of the United States o\M?r 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 tirst ISlonday of December, 18(»0."" (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 transfei- of thi^ seat of gov(>rnment to the District of Columbia was tixed by the lirst paragrapli of section <'. of the act of July 16, 171H), as follows: '"''Andhe it ('iKicfcil., That on the said tirst Monday in December, in the 3^ear one thousand eight hundred, the seat of tlie (ioxernment of the United States shall, by virtue of this act, l)e transferred to the District and place aforesaid;"' tiie place rc^ferred to bcnng the portion of the District selected for th(^ Federal city. An act of Congress approved April 24, 1800 (2 Stats., 55), authorized the President of the United States to direct the rcmo\ al of the various Executive Departments to th«> city of Wtishington ut any time after the adjournment of the first session of the Sixth C'ongress and before the time fixed l)y th(^ act of July 16, lTl>i». for the transfer of the seat of government to that place. The date of the first meetino- of Cono-ress in the District was fixed by an act passed May 13, 1800 {\^. 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 d;iy of the session when a quorum of ])oth Houses was present. The meeting was in the north wing of the Capitol, then the only completed part of the building. A quoiuin 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 day. The personnel and records of the several Departments were trans- ferred from Philadelphia to ^^'ashington about the same time, at an expense of $32,872.31, and those Departments were fully removed to the latter city by June 16, 18(»1. (Senate Doc. No. 238, second session, Fifty-fifth Congress.) GOVERNMENT OF THE DISTRICT 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 1900 has been as follows: Date. Washing- ton. George- town. Wash- ington County (subur- ban). Alexan- dria city. Alexan- dria County (subur- ban). Total. Colored included in total. Slaves included in col- ored. 1790 2,746 4,971 7,227 8,218 8, 263 8,469 (n) 2,746 14,093 24, 023 33, 039 .39. 834 43, 712 51, 687 75, 080 131,700 160, 051 177,624 203, 459 218, 1.57 • 230,392 270, 519 277, 782 278,718 1800 3,210 8,208 13,247 18, 827 23,364 40, 001 61,122 109, 199 131,947 147, 293 173, 606 179,448 188,932 217,617 220,698 232,745 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 1.5,809 (") 1,941 2,315 2,726 2,993 3,069 3, 320 5,225 11,117 16, 533 17, 7.53 c 15, .531 24,364 27,414 37, 155 41,195 45, 973 978 1,325 1,488 1,310 1,508 (a) 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 2,072 1810 3,554 1820 4, .520 1830 4, 505 1840 3, 320 18.50 3, 687 I860 3,185 1870 C-) 1878 1880 1885 1S88 1890 1894 1897 1900 "Alexandria city and county re-ceded to Virginia in 1816. bSee under head of " Abolition of African slavery," infra. The decrease in population of Alexan- dria County in 1830 wa.s due to absence of slaves arid other residents thereof employed in construct- ing the Chesapeake and Ohio Canal. ("The item of 15, .531 for suburban census of 1885, although apparently erroneous, agrees with the official returns. dGeorgetown became a part of Washington February 11, 1895, pursuant to an act of Congress of that date. The population of that part of Washington according to the census of 1900 is 14.549. The census for 1800 and each subsequent decade was taken by the United Statesr for the year 1878 by the board of assessors, and for the years 1885, 1888, 1894, and 1897 by the Metropolitan police department. ABOLITION OF AFRICAN SLAVERY. African slavery in the District of Colum])ia 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 ser^dce 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- imtary 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 OOVEKNMENT OF THE DISTKICT OF COLUMBIA. exceed in the aggregate an amount equal to three hundred dollars' for each [)erson shown to have been so held b}- lawful claim." One mil- lion dollars was appropriated in the act to carry it into efl'ect, 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. (V> Stats., 167.) PENAL DISCRIMINATION ON ACCOUNT OF COLOU DISCONTINUED. Persons of .color were made subject to the same penalties as free white persons, and no other, for \lolations of law on and after May 21, 1862. (12 Stats., loT.) OWNEKSIIIP OF LAND BY AMKNS. Section •'. of tiu' act of the State of IVIaryland "'coni-crning the Ter- ritory of Columbia and the city of Washington," passed December 19, 1791, provides: That any foreigner niay,)>y deed or will hereafter («> be made, take and hold lands within that part of the said Territory which lies within this State in the same iTian- ner as if ho were a citizen of this State; and the same lands may be conveyed by him and transmitted to and inheiited by his heirs or relations as if he and they were citizens nf this State: /Vor/Jr 7 of the code of laws for the District of Cohiinl)ia. as follows: It shall lie nnlawful foi- any jierson not a citizen of the United States or who ha« not lawfully declared his intention to become ."^uch citizen, or for any corporation not created by or nnder the laws of the (^nitt'd 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 Coluniliia, (^xcept such as may bo acquired by inheritance: Prorided, That the prohilntion of this section shall not ai>ply 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 .«o 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 thereoi. No corporation or association of which more than twenty per centum of the stock is or may be owned by any person or j)ersons, coi-poration or corporations, association or associations not citizens of the United States shall hereafter acquire or own any real estate hereafter acipiired in tlie District of Cohimbia. All property acquired or held or owned in violation of the provisions of this chap- ter shall be forfeited to the United States. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 17 SUFFRAGE. The rio-ht to vote in the District of Columbia for President of the United 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 Justice Cranch, hereinbefore mentioned, the exclusive jurisdiction of Congress over the District took effect. 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 vote one whole year nest 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 propert}^ 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 sufl'rage 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 Avith the right of sufl'rage 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, 1871, 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. LOCATION. 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 14248—03 2 18 GOVERNMENT OF THE DISTRICT OF COLUMBIA. out l>v the commissioners appointed in 171H and the town of George- town, which was consolidated with it February 11, 1895, b}- an act of Congress of that date. (28 Stats., 650.) 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 proyided 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 acconunodation of Congress, and of the President, and for the public offices of the Government of the United States." The city was located in the portion of the District ceded by Mary- land conformably to the requirement of the act of March 3, 1791 (1 Stats., 214), amendatory of the act of July 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 b}^ 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 by section 3 of the act of eJuly 16, 1790, which empowered the commis- sioners appointed under that act to purchase or accept land and pro- vide buildings for the accommodation of Cono-rcss, 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 Bladensbnrg; thence along the middle of the said road to a stone standing on the east side of the Reedy Branch of Goose Creek; thence sonth easterly, making an angle of sixty-one degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladeng- burg 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 Eastern Branch; thence, by and witii the waters of the Eastern Branch, Potomac River, and Rock Creek, to the beginning. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 19 These boundaries are also recognized in an act of the legislature of Maryland, passed December 19, 1791, entitled ''An act concerning the Territor}^ of Columbia and the city of Washington" (p. 96). By an act of Congress approved August IS, 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 Nav,y-Yard Bridge. The bounds of the city of Washington and of the count}^ 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 to adopt and enforce such rules and regulations as they might deem necessary for the safety and security of property and of persons passing the said causeway and bridge. (March 3, 1839; 5 Stats., 365.) These boundaries were enlarged by the consolidation of Georgetown and the city of Washington by the act of Congress approved February 11, 1895. AREA. The city of Washington as first established contained 6,110.94 acres; but on February 11, 1895, its area was increased ])v the annexation of Georgetown, whose precise extent has never been determined, but which is estimated b}^ the Surveyor to contain 543 acres. PRELIMINARY AGREEMENT OF PROPRIETORS. The owners of the land, in consideration of the great benefit they expected to derive 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 Mar3'land 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 laud (p. 97). 20 GOVERNMENT OF THE DISTRICT OF COLUMBIA. BOUNDARIES OF 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 city, 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 Survey 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 tirst 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 commi.ssioner 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 hat^ been so accepted by the local courts. THE DESIGXINC 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 i)lan, without sub- stantial alteration, was ai)proved by President Washington in August, ITDl. 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 pi'obable that no engraving from L'Enfant's drafts ever would have been exhib- ited to the public, for after the disagreement tnok jilace between him and the com- missioners his obstlnancy 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 Avas substantiall}' that of L'Enfant, was the tirst plan engraved and published for distribution. Its publication and promulgation were alluded to by President Wash- OOVEENMENT OF THE DISTRICT OF COLUMBIA. 21 ington as "giving" the final and regulating stamp to the cit}' 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 be recorded 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 highway-extension law of March 2, 1893 (27 Stats., 532). 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 lay out the city; ])ut 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, '/:. 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 only to the streets and avenues of the cit}" of Washington as it existed prior to its consolidation with Georgetown. DISTRIBUTION OF 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 l)v 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 foi- the land set apart for the use of the United States, excepting the streets, at £25, or $66| 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, ])y a deed dated November 30, 1796, conveyed to the commissioners appointed to la}" out the city such lands as were allotted to the United States, no reconvej^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 Attorne3"-General Gushing, dated August 1, 1855.) The hind 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 ^41 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, Fift3'-seventh Con- gress, first session. The act of the same State, entitled "A further supplement to the act concerning the Territory of Columbia 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 theiu, to purchasers of lots in the said city, with acknowledgment of the j)ayment of the whole jjurchase money, and interest, if any shall have arisen thereon, and recordeil 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 tlie jiurchasers, tiieir heins 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 reservations were required to be paid for out of the tii-st 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 money from the net pro- ceeds of the sales of the alternate 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 Major L'Enfant, dated September 9, 1791, in which the}' 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 either 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 citv of Washington, in the District of Columbia, and for other purposes therein mentioned," approved May 6, 1796 (f Stats., 461), 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. 97). The most explicit statutory application of the name by Congress is in the act of February 21, 1871, 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., 428.) THE FIRST CITY OFFICIALS. /The first oflacials of the Federal city were the President of the United States, the three commissioners appointed b}' the President under act of Juh^ 10, 1790, and, to a limited extent, the officers of the leyy 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 city 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. 181(3 (3 Stats., 321), 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 to the Chief of Engineers of the United States Arni}^ 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 commonly appertain to municipal control were, as hereinafter stated, intrusted to the inhabitants. of the cit}' of Washing- ton by an act incorporating them for that purpose. THE FIRST CHARTER OF THE CITY OF WASHINGTON. The first incorporation of the inhabitants of the city of Washington was eflfected by an act of Congress approved May 3, 1802. (2 Stats., 195.) This charter provided for a maj^or appointable by the President of the United States, and a city council to be elected by the people. This charter Avas modified by subsequent acts of Congress. The first mayor was appointed in June, 1802, and was reappointed annually and 24 GOVEBT^MENT OF THE DISTRICT OF COLUMBIA. served until the second Monday in June. 1812. An uct of Congress of May -t, 1812 (2 Stats.. 721). devolved the duty of electing- a maj'or, to take office on the second Monday of each subsequent June, upon the city council, which was elected b}' the qualified voters of the city. That method was in force until the first Monday of June, 1820, from which date, pursuant to an act of Congress approved Maj^ 15, 1820. 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 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" (If. Stats.. 119). which continued the name of the city of Washington, but only as a local designation. (A list of the principal officials of the city is contained in Senate Document No. 23S, Fifty- fifth Congress, second session, by AMlhenms H. Bryan, esq.) V NAMIXc; THE STKKETS. The connnissioners who tirst named the city also stated in their let- ter of September \K 1791. informing Major L'Enfant of their action in that respect: We have 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 mto east and west numbers from the Capitol (p. 95). WIDTH OF HIGHWAYS. The widths of the streets and avenues of Washington, between the building lines, are: North and South Capitol, lo(»: East Capitol. UiO: Boundary, or Florida avenue, SO; Water, t)0 and 8(>: Maine," 85; Missouri," 85. NORTH. A B C P K F G H I K L M X O P Q R S T 90 90 80 7U 90 100 90 90 90 147.8 90 90 80 90 90 90 90 90 90 u ^- w 90 80 80 SOUTH. A B C D E F G H I Iv L .M N O P Q R S T U \' W 90 90 80 90 90 70 100 80 90 80 90 90 90 85 85 85 85 85 85 80 80 40 EAST. i I 2 ;i 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 SO 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 31arch 23, 1826, by which they were named, designates them as streets. ^ 1 9 :? f'4 «4i 80 90 90 110 80 110 10 17 18 18 18i U 15 110 70 110 110 28 GOVEENMENT OF THE DISTRICT OF COLUMBIA. 25 WEST. 5 6 7 8 9 10 11 12 80 100 85 100 85 85 111.5 85 19 20 21 22 23 24 25 26 27 160 110 90 110 90 90 90 100 90 90 80 70 80 WIDTH OF AVENUES. Connectiout, 130; Delaware, 160; Georgia, 160; Indiana, 160; Ken- tucky, 120; Louisiana, 160; Mar3'land, 160; Massachusetts, 160. (See footnote as to Maine and Missouri av^enues, so called.) New York, east of Fifteentli street, 130; New York, west of Seventeenth street, 160; New Jerse}', 160; North Carolina, 160; New Hampshire, 120; Ohio, 160; Penns3'lvania. east of Fifteenth street, 160; Pennsylvania, west of Seventeenth street, 130; Rhode Island, 130; South Carolina, 160; Tennessee, 120; Vermont, 130; Viri;inia, Mall to Eastern Branch, 160; Virginia, B street to Rock Creek, 120. NAMIN(; 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 cit3% other than the incidental recognition of those on the Dermot map of 1795, which was formally adopted b\' President Washington in his better of March 2, 1797 to the trustees appointed to lay out the Federal city. ^ HIGHWAYS AS HOST ROUTES. An act of Congress approved March 1, 1881: (23 Stats., 3), declares that all public roads and highways while kept up and maintained as such are post routes. ORIGINAL ALLEYS. President Washington, in his order of Octo))er 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 property 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 Fourtli street N\V. June 6, 1900. (31 Stats., 668.) The name of that portion of Fourth street NW., formerl y a part of Four-and-a-half strefet, extending from D street to Pennsylvania avenue was changed to John Marshall i)lace 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. 20 GOVKHNMENT OF THE DISTRICT OF COLUMBIA. CKOlUlF/roWN. 'Pile piut of Wiisliiiiotoii wliicli was foi-iiKMly Georgfctown was laid oil! pursiiiuil to iiii act of the province of Marvlaiul dated rrune 8, 1751 (p. liJ()), ])ass('d in r(>spons(' to a ])('tition of several inliahitaiitsof Fred- oricii County, in -^aid Stale. This act appointed seven coniinissionors to piu'cliase (>() acres lu'lonoinjjf to M(>ssrs. (leoroe (xordoii and George Heal!, on the Potomac River, "al)()ve the mouth of HockCnndv, adjacent to the inspection house in the county al'or(>said," and to cause tlu> said (10 acres to he ''\surveyed, divich'd, and laid out, as near as conveniently may 1)(>, into SO ecpial lots, allowing sutlicii'nt s])ace or (juantity thereof for streets, lanes, and alleys. The act then adds that upon the com- pletion of said proceedings the locality is ''er(>ctey the name of (J(H)rgetown.'' It was never incorpo- rated as a city, hut was conunonly called the city of (i«'orgetown as a consetiuenc(> of the casual i-cfei'ence to it by that title in luimerous acts of Congress; unless a purpose to create it a city may We ird'ei'red from the claus(^ in th(» act of (\)ngress of F(d)ruary 'il, ISTI. which directs that *Mhat portion (»f said District iiu-ludcd within the linuts of the city of (Jt'orgctown shall contiiuie to be known as the city of George- town." (K; Stats., 4L\S.) 'IMie boundaries and jurisdiction of (ieorgetow n were extended and (U'lined by (he following enactnu'ids of Alarylaiul and Congress: Acts of Maiyiand passed l)ecend)er lid, iTS:? (p. i;;^daiuiary 22, 1785 (p. i;{|^ and l>(>c(Muber 25, L7S5) (p. I'A^: and acts of Congress approved March ;i, IS05 (2 Stats., 885); March 8, 1S0!> (ib., 537); June 4, IS 18 (8 Stats., I); .January 14, 1828 (C Stats., l>SO); March 8, 182G (4 Stats., 140); May 25, 1S82 (ib., 51S); duly 4, 1S8() (('. Stilts., G83); duly 27, 1842 (5 Stats., 4!>7); F»«bruary 27, lS45 ((I Stats., 1>27). Tnder the statute of March :'., 1805, the ''Fenwick map" adopted by the act of March 8, 1S01>, was prepared. 'I'he extension of March 8. 1S2(), was nuuie to include (he r(>sid(Mice of elohn Cox to enable him to rt'tain his rt>sidiMU'(> and bi> eligible to lu)ld the otlice of mayor. The general suj)position is that the town was named in honor of George 11, then the reigning sovereign of (Jreat Britain, but it is also coid«Mided that it was named as a compliuKMit to the two Georges from whom the site was obtained. IMu' conmnssion, whose uuMubership was reduced to live in 1784, coi\linutHl to exercise the local nmnicipal authority in the town until Decend)er 25, 17S1», when the town was incorporated t>y an act of the general assend)ly oi Maryland of tlmt date, with a mayor, recorder, aldenuen. and connuon council (p. 18^. The tirst mayor w as appointed by that act for one yt>ar, to couuneiu'e .lanuary 1, 171K>. The otlice was thereafter tilled annually on the tirst Mi>nday of January by the votes of the uiavor, rtn-order, and conuuon council, or in an antdogous manner, GOVERNMKNT OF THK DISTKIOT OK COLUMBIA. 27 until tilt* foiiidi Moiulay of Fcbnuiry, IS.'U. 'Tlu' otiicc avhs tluMi and thereafter biennially tilUnl by vole ol" the ])eople. The .streets of this part of Washington generally run due north aud south and east and west. By an arbitrary order of the District Connnissioners, dated October 4, 1880, the north and south streets were renamed from Twenty -sixth to Thirty-eighth, both in^'liided, in continuation of the western series of the streets of Washington having the same general direction; and the east aiul west str(H>ts from K (or Water) to W, in order to agree as nearly as practicable with the corresponding streets in \\'ashington. A few streets, viz. Prospect, Dumbarton, 01i\'e, .lellerson. Valley, Potomac, CJrace, and Needwood, were so situated as not to admit of designation under either of those systems. The streets are 00 feet wide from ))uildini'- line (o buildini>- line, except K, which is 70; M, 82^; Thirty-fifth, 80; Thirty-second from K to the angle south of N, 82i; Valley, 33; Mill, 33, and Poplar, 40. The Connnissioners were directed by the act of February 11, 1895, consolidating Washington and (}eorgetown, to cause the nomen<'lature of the streets and axenues of th(> latter to confV)rni to those of the former as far as practicable, but have never acted luider 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 munerous 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., 050), as follows: AN ACT C'luuigiug the namo of Georgetown, in the Distriet of Columbiu, and for other purposes. Be it enacted by the Senate and Honm of Repret^eiifatiirs of the United States of America in Congi-exs assembled, Ttiat fioiu aiul aftiT tlic pas.saf^c of tliis act all tliat part of the District of Columbia embraced within the bounds and now constituting the city of Georgetown, as referred to in said acts of February twenty-tirst, eighteen hundred and seventy-one, ami Junt^ twentieth, eighteen huncired 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 capital; and all general laws, ordinances, and regulations of the city of Washington be, and the same are hereby, extendctl and made applicable to that i)art 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 GOVERNMENT OF THE DTSTRTCT OF COLUMBIA. and independent city liy law i.s licie))y abolished, and that tlu- ( 'onunissioners of the District of ('(>lund)ia. he, and they are hereby, directed to cause the nomeni'lature of the streets and avenues of (ieor^etown 1o conform to those of WashingtoTi so far as l)racticable. And the said Couunissiouers 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: Prorided, That nothing in this act shall operate to affect or repeal existing law making Georgetown a i)ort of entry, exceyit as to its name. THE LEVY COURTS. ^ When the District of Coluiiibia w:is tirst establishod the loral public ati'rtirs of that poi'tion of its torritorv kH-ated in Maryland were adntiii- istcrod by two bodies, which had jurisdiction over tiic portions deri\od from Prince George C'ountv and I'roni Moiito-oinerv County, respec- tiv^ely. tind were composed of justices of the peace, who were couunis- sioned by the o()vernor 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 subse([uent legislation seems to have been enacted bj' Congress relative to the jurisdiction of th(> levy coui't of th(^ county of Alex- andria except as such jui'isdiction was atiected by the act receding that count}' to Virginia, hennnafttn* mentioned. By section 1 1 of an act of Congress approved Februai'v 27, 1801 (2 Stats., 107), the President of the United States was directed to appoint, in and t'oi- 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 INIarch 3, 1801 (il)., 115), constituted these magistrates a "board of commissit)ners," with the same powers and duties as those then performed by the le\'v courts of iNlaryland. Fnder the above-mentioned and subsequent hiws of Congress the levy courts administrated the local govei'nment affairs of that part of the District of Columbia situated outside of the city of Washington and of Georgetown. The membership of the court for that part of the District derived from ^Maryland was fixed at sevtMi 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 count}'^; two from east of Rock Creek, outside of the city of Washington; two from west of Rock Creek and (nitside of Creorgetown. and tliree from Georgetown. The city of Washington, although not represented in the court, was required by section 11 of the same act to bear and defray equally with the other parts of the county the general county expenses and charges, other than t'oi- the expenses of the roads and brido-es outside of the limits of Washington and Georgetown; but bv section 10 of the act of May 17, 1848 (9 Stats., 230), the President was directed to appoint foui- members fi-om tlu^ city 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 meml)ership of the court should be selected from among- the justices of the peace for the county of Wash- ington was repealed May 8, 1862, Ijy an act of that date (12 Stats., 384, sec. 8). By an act approved March 8, 1863 (12 Stats,, 799), the membership of the court was reduced to nine persons, without respect to their occupations, to be ai)pointed l)y the President and confirmed by the Senate, in such maniioi- that the terms of one-third of the members should expire aniuuiliy. Its jurisdiction and functions were specific- ally 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. 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, (xeorgetown, and the lev}' court of the county of Washington, established in their stead a single nuuiicipal goverimient named the District of Columbia. All valid laws and ordinances then existing in the District were, by said act, continued in force. The new nnuiicipality consisted of a governor, "^ a board of public works composed of the govei'nor aiul four other per- sons, a secretaiT, a board of health, a legislative assembly consisting of a council of 11 members and a house of deleoates consistinsr 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, by and with the conscMit of the Senate. The members of the house of delegates and the Delegate in the House of Repre- sentatives were elected by the (jualitied voters 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 four j^ears; 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 numicipal authority in the District temporarily vested in thre(> Commissioners appointed by the President ^ 30 GOVERNMENT OF THE DISTEICT OF 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. All valid laws affecting the District then existing were continued in force. This temporary form of government existed until J[uly 1, 187b, wiien, pursuant to an act of Congress of June 11, 1878 (20 Stats., 102), it was succeeded by the present form, for which see pages 141, et sequentea. Appendix 1. [Abstract of proceedings of Congress relative to locating the seat 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, February 27, 1777, when it adjourned to meet at Philadelphia on Wednesday, the Irth of March, when it met and adjourned from day to day until the 12th of that month. On Sunday, September 14. 1777, it was — Resolved, That if Congress shall l)e 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 Saturday 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 for taking the said offers into consideration. GOVERNMENT OF THE DISTRICT OF COLTTMBIA. 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 f Congress, necessary that effectual measures be immediately taken for supportiivg 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 order that further and more effectual measures may be taken for suppressing the present revolt, and maintaining the dignity and author- ity of the United States. Resolved, 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 Princeton upon the summons of the President. * Tuesdai/^ 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 thereto their verbal report, and the report being this day 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 ;uul pai)er.s communicated to Congress by the executive coun("il 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 detachmi'ut of militia to intercept the mutineers on their march from Lancaster, was proposed to the council, suggesting the danger of tlieir 1)eing suffered with impunity to join the troops in the ))arracks, 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 ti> call out any part of the militia, ex|)ressing 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 nuitineers 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 Ijancaster to return to that place. That in this vieM', and that at their di>sirc, 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 jilace, 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 ujum conferring with the superintendent of finance, they find tlu^re is a j)robability that the" i>aymaster- general, to whom the settlement of the accounts of the Army has been conunitted, and w ho, having all the documents in his })ossession, can alone execute the business with propriety, will shortly arrive from the .\rmy, 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 inuuediately 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 liy jiarticular circumstances, together with notes for three months' jniy, intended tol)e advanced to the men when furloushed. That tliev 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 M.\.IOK JACKSON. / 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 i)ruilent method to engage them to-return to the post they have left. You will inform them of the orders that have been given, per- mitting them to remain in service till their accounts shall have been settled, if they prefer it to being furloughed, 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 GOVEKNMENT OF THE DTSTlilCT OF COLUMBIA. 33 urge every consideration in your power to induce thein to return, at the same time avoiding whatever may tend to irritate. If they jtcrHiHt in coming to (own, yon will give the earliest notice to us oi" their i)rogress and disposition. Should they want provisions, you will assure them of a sujijily if tliey will remain where they are, which you are to endeavor to persuade them to do in preference to coming to town. 1 am, sir, your most obedient servant, A. Hamilton, In hclia/f of lite CommiUee. Major Jackson, Assistant Secretari/ nl War. I'liiLADioij'uiA, Jane J!), I78.i. The (;()inmittee, coiissistiiii;- of Mr. Iluiniltoii and Mr. P211,swortli, appointed on the 21.st June to conror with the .supreme exccuti\e council ol' Pennsylvaniii, on the pi-uctlca))ility of takino- efl'ectual meas- ures to support the public authority, havino- delivered in a report: Ordered, That it be entered on the journal. The report is as follows: The committee appointed to confer witii the supreme executive council of Penn- syhania, on the practicability of taking effectual measures to support the public; authority, in consequeiuH^ of the disorderly' and menacing apjK'arance of a body of armed soldiers surrounding the place where Congress were assi'mbled, 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 tliat Congress consid(>red the proceed- ing on wliicli that resolution was foundetl, of so serious a nature, as to render palli- atives im])ro|)er, and to recpiire that vigorous measures should l)e taken to ]>ut a stop to the further jjrogress 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 supi)orting tlie public authority. That though they had declined a specification of tlie measures which they \v(juld deem effectual, it was their sense that a numlier of the militia would l)e immediately called out, sufficient to sup[)ress the revolt. That Congress, imwilling to expose the United States to a repetition of the insult, had suspended their ordinary delil)erations 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 ofhcers for that purpose. The day following the connnittee waited upon the council for tiieir final resolu- tion, having previously presented a letter addressed to his excellency the President, of which a copy is annexed, reciuesting the determination of the council in writing. The council 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 in 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 «jf the United States, and were disposed fo do everything in their j^ower to support its dignity. That they regretted the insult which had hai){)ened, with this additional motive of sensibility, that they had themselves had a principal share in it. That 14248—03 8 34 GOVERNMENT OF THE DISTRICT OF COLUMBIA. they had consulted a number of well-informed officers of the militia, and found that nothing in tlie present state of things was to l)e expected from that quarter. That the militia of the city in general were not only ill provided for service, but disinclined to act niton the present occasion. That the council did not V)elieve any exertions were to l)e looked for from them, except in case of further outrage and actual vio- lence to jterson or property. That in such case a respectable body of citizens would arm for the sei'urity of their itrojjerty and of the public "peace; but it was to be doubted wliat measure of outrage would produce this effect, and in particular, it was not to be exjiected merely from a repetition of the insult which had hajspened. 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 exjiect 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 th? ' way rather than employ coercive means. The connnittee 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 e\'ery transaction the greatest precision. With respect to the practical )ility of employing the militia, the committee observed that this was a jjoint of which the council was alone competent to judge. That the duty of the committee was performed in explicitly signifying the expecitations 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 ha])pened 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 subse(iuent 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 jilace 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 liad 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 tieath in case of their failing to execute their views. GOVEKNMENT OF THE DISTKICT 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 oi- Trenton on Thursday, the 26th instant. Willing, however, to protract the departure of Congress as long as they could be justified in doing 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 tlie 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 kccompanied 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 excellenc}' the president of the supreme executive council of Pennsjdvania: 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 ^, 1783. — A letter of the 2-J:th of June, from his excellenc}^ W. Livingston, governor of the State of New Jersey, was read, whereupon it was — Eesolred, That the i)resident 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, library room, and every other 36 GOVERNMENT OF THE DISTRICT OF COLUMBIA. convenience thiit the college in its present situation can ull'ord; where- upon it was — liesulird, That the President iiit'oriu the governors and masters of tlie college that Congress entertain a proper sense of their ol)liging offer, and accept the nse of such parts of the college as are innnediately necessary for their sessions, and for the officers attending them during their stay at Princeton. Resolutions were also passed by the inliabitants of Trenton. Prince- ton, and Newark, and their vicinities, to support order and good government, which received the approbation of Congress. Jfonddi/, Jiihj i3'S\ 17 83. — An address from the citizens of Philadel- phia, and the lil^erties thereof, having been received and read it was— Jvesolvcd, That tlie President inform t!ie citizens of Philadelphia, ami its liherties, in answer to their respectful and affectionate address, that the TTnited States, in (^ongress assemhled, liave great satisfaction in reviewing the spirited and patriotic exertions which liave been made Ijy the government and citizens of Pennsylvania, in the course of the late glorious war; and that they are liigldy ])leased with the reso- lution, expressed by the citizens of Philadelphia, to aid in all measures whicli may have a tendency to sujiport the national lionor and dignity. Friday., Aiujuxf L JTS-J.^A motion was made by Mr. Head, of South Carolina: That on the eighth of August instant, the President shall adjnnrn Congress to meet at Philadelphia on the twelfth of August instant, tliere to continue until the last INlonday in October next, at which tinu^ 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 ([uestion 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 tiie further consideration of the question postponed to the 6th. Widiusday, Augusf IJ^ 17So. — Agreeable to the order of the daj^ Congress took into consideration a motion made bj^ Mr. Howell, of Rhode Island, seconded In' ^Ir. Bland, of Virginia, in words following: Rmilred, That on the 15th instant, the President adjourn Congress to meet at Philadelphia on the 21st instant. A motion was made b}- Mr. Read, of South Carolina, seconded by Mr. Carroll, of Maryland, to postpone the consideration of the fore- going motion, in order to take up the following: AVheBeas the resolution of Saturday, the 21st day of June last, enabling the Presi- dent to summon Congress to meet at Trenton or Princeton, on Thursday then next following, had for its object, that further and more effectual measures might be taken for suppressing the then existing revolt of certain troops of the Pennsylvania line, and maintaining the dignity and authority of the United States: and whereas it is no longer found necessary or expedient that Congress should continue at Princeton, RcKolrcd, That on Friday, the 15th instant, the President do adjourn Congress to meet on Monday next, the 21st, at the city of Philadelphia; and that on the second GOVERNMENT OF THE DISTRICT OF COLUMBIA. 37 Monday in October next, the President do in like nuuincr adjourn Congress, to meet on tlie Monday following, at xVnnapolis, in the State of Maryland, unless Congress shall in the meantime order otherwise. Oil the question of postponing, the States voting in the affirmative were Pennsj-lvania, Maryland, and South Carolina; the negati\'c were Massaohusetts, llhode Island, Connecticut, New Jersey, and Virginia; divided. New York and North Carolina; not represented, New Hamp- shire, Delaware, and Georgia. So the question was lost. On motion of the delegates of Pennsylvania — Ordered, That the further consideration of the original motion be postponed, in order that the following declaration made by one of the delegates from Pennsylvania this morning, in his place, be entered on the Journal, viz: "The delegates of Pennsylvania are authorized by the president and council of that State to dec^lare in the most respectful terms to Congress that tlieir return to Philadelphia is sincerely desired by tiie president and council, as an event which would give them the greatest satisfaction." The consideration of the original motion was again resumed, and after further debate an adjournment was called for and agreed to. On the next da}' a motion for general postponement of the question was lost; and upon the original motion of Mr. Howell, to adjourn to Philadelphia, the affirmative votes were Penns^dvania and Mar3dand; the negative were Massachusetts, Connecticut, New York, New Jersey, Virginia, and South Carolina; divided, North Carolina; not repre- sented, New Hampshire, Rhode Island, Delaware, and Georgia. So the question was lost. Jlondiii/, Sejjte)/i7)e7' 1, 1783. — The delegates for the State of Penn- S3dvania laid before Congress sundr}^ resolutions of the general assem- bly of that State, which were read and ordered to be entered on the Journal, as follows: State of Pennsylvania, in general assemlily, Friday, August 29, 178.3, a. m. The report of the committee appointed to consider of the most eligible means for the accommodation of Congress, should that honoi^able body determine to reside within this State, read 27th instant, was read the second time: Whereupon, Resolved imanhnoudy, That until Congress shall determine upon the place of their permanent residence it would be highly agi-eeable to this house if that honoral)le body should deem it expedient to return to and continue in the city of Philadelphia; in which case they offer to Congi-ess the different apartments in the statehonse and adjacent buildings which they formerly occupied for the purpose of transacting the national business therein. Resolved unanimously, That this house will take effectual measures to enable the executive of the State to afford speedy and adequate support and protection to the honor and dignity of the United States in Congress, and the persons of tho.se com- posing the Supreme Council of the nation assembled in this city. Resolved unanimoushj, That as this house is sincerely disposed to render the per- manent residence of Congress in this State, connnodiousand agreeable to that honor- able body, the delegates of this State be instructed to request that Congress will be pleased to define what jurisdiction they deem necessary to be vested in them in the place where they shall permanently reside. 38 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Friday, Be/pterriber 5, T78S. — On motion of Mr. McHenry, of Mary- land, seconded by Mr. Lee, of Virginia — Resolved, That Friday next be assigned to decide on the jjlaee proper for a tempo- rary residence of Congress. (It does not appear that Congress met on Friday, the 12th of Sep- tember, 1783.) Monday, Septeudjer 'Bli, 178S. — Congress took into consideration the report of a committee, consisting of Mr. Duane, of New Yorlc; Mr. Read, of South Carolina; Mr. McHenry, of Maryland; Mr. Hunting- ton, of Connecticut; Mr. Peters, of Virginia; Mr. Wilson, of Penn- sj'lvania, and Mr, Madison, of Virginia, appointed to consider what jurisdiction ma}^ be proper for Congress in the place of their perma- nent residence; whereupon — Ordered, That the said report be referred to a committee of the whole house. liexolred, That on Tliursday next Congress be resolved into a committee of the whole to take into consideration the above report. T/iN/'s-dai/, Scpteinher '25, 1783. — According to order, the House was resolved into a committee of the whole to take into consideration the report of the committee appointed to consider what jurisdiction may be proper for Congress in the place of their permanent residence. Mr. Carroll, of Maryland, was elected to the chair. After some time the President resumed the chair, and Mr. Carroll reported that the Committee of the Whole had taken into consideration the report referred to them, and made some progress therein, ])ut, not having come to a conclusion, desire leave to sit again to-morrow. (h-dcred, That leaver be granted. (It does not api)ear from the Journal that this committee of the whole ever sat again.) Monday, (Jctoler G, 1783. — The order of the day l)eing called for and read, to take into consideration the proposition of several States respecting a place for the permanent residence of Congress, a motion was made by Mr. Gerry, of Massachusetts, seconded by Mr. Hoi ten, of Massachusetts, that Congi'ess resolve itself into a committee of the whole to take into consideration the propositions of the several States from New York to Virginia, inclusive, respecting a place for the per- manent residence of Congress. Question put; passed in the negative. A motion was made by Mr. Gerry, seconded by Mr. Foster, of New Hampshire, to postpone the order of the dav. This motion was lost; Massachusetts, Rhode Island, and Delaware only voting in the affirmative, and ten States being represented. A motion to postpone the subject to the last Monday of the month was also lost; Massachusetts and Rhode Island only voting in the affirmative. It was then — GOVEKNMEIS'T OF THE DISTKICT OF COLUMBIA. 39 Resolved, That the question be taken, in which State buildings shall be provided and erected for the residence of Congress; beginning witli New Hampshire, and jiro- ceeding in the order in which they stand. The question upon each State was passed in the negative, no State having- received more than -k votes, and New Jersey and Maryland having- each received that number. Resolved, That the fixing on a place for providing and ei-ecting buildings for the residence of Congress be an order of the day for to-morrow. Tuesday^ October 7, 178S. — The order of the day ))eing- called for, a motion was made by Mr. Gerr}^, of Massachusetts, seconded by Mr. Howell, of Rhode Island — That buildings for the use of Congress be erected on the banks of the Delaware, near Trenton, or of Potomac, near Georgetown, pT-ovided a suitalile 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. A motion by Mr. Duane, seconded by Mr, Hoi ton, to add "the Hudson" was negatived. This motion having been amended so as to read: "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,"" etc. (as in the origi- nal motion), was agreed to without a call for the yeas and na3^s, after an ineffectual attempt had been made by the Maryland delegates to postpone the motion in order to take into consideration a proposition to accept the offer made by the legislature of Maryland, by their act of , for the residence of Congress. Upon the question of post- ponement for that purpose, Maryland alone voted in the affirmative. It was then — Resolved, That buildings for the use of Congress be erected on or near the banks of the Delaware, provided a suitable district, etc. (As in the original motion.) The States voting on this resolution in the affirmative were Massa- chusetts, Rhode Island, Connecticut, New York, New Jersey, Penn- sylvania, and Delaware; those voting in the negative were Maryland, Virginia, North Carolina, and South Carolina; not represented. New Hampshire and Georgia. A motion, made by Mr. Bedford, of Delaware, seconded by Mr. Tilton, of Delaware, that the buildings should be erected in the State of Delaware, near Wilmington, was negatived, Delaware, Maryland, and South Carolina only voting in the affirmative. But it was — Resolved, That the place on the Delaware for erecting buildings for the use of Congress be near the falls. Resolved, That a committee of five be appointed to repair to the falls of the Dela- ware to view the situation of the country in its neighborhood and report a proper district fur carrying into effect the preceding resolution. The members, Mr. Gerry, Mr. S. Huntington, Mr. Peters, Mr. Duane, Mr. Clarke. 40 Ofn'ERNMENT OF THE DISTRICT OF COLUMBIA. licsolrid, Tliat it l)o tlie order of the day for to-morrow to consider of the tempo- rary residence of Congress. Wednesday, Octohcr y Mr. Mercer, of Virginia, seconded by Mr. Lee, of Virginia, that Congress will, on the 15th instant, adjourn to meet at the city of Williamsburg, in the State of Virginia, on the 30th instant, there to sit for the dispatch of public business. A motion was made by Mr. Howell, of Rhode Island, seconded l)y INIr. Elllery, to strike out the words "there to sit for the dispatch of pu])lic business," and in lieu thereof insert "for the place of their temporary residence." This amendment was not carried. Massachu- setts, Rhode Island, New York, New Jersey, Pennsylvania, and Mary- land voted in the attirmative; Coimecticut and North Carolina were divided; New Hampshire, Delaware, South Carolina, and Georgia w^ere not represented; Virginia voted in the negative. The motion of Mr. INIercer was lost, Virginia alone voting in the affirmative. Friday^ Octoher 17, 1783. — A motion was made b^- JMi-. Gerry, of Massachusetts, seconded l)y Mr. Lee, of Virginia^ in the w^ords fol- lowing: Wherea.« the resolutions of Congress, of the 7th instant, to erec't Ijuildings for tlu'ir use at *)V near the falls of the Delaware, are not satisfactory to a respectable part of tlio United States, five of which, on the 8th instant, voted for the reconsideration of the said resolutions; and whereas Congress have no prospect of a general assent to any one place for their residence, and there is everj' reason to expect that the providing l)uildings for the alternate residence of Congress in two places will he productive of the most salutary effects, by securing the mutual confidence and affec- tions oi the States, and preserving the Federal balance of power: it is therefore, resolved, That buildings be likewise erected for the use of Congress, at or near the lower falls of rotomac, or Geoi'getown; jjfovided a suitable district on the banks of the river can lie procured for a Federal town, and the right of soil and an exclusive jurisdiction, or such other as Congress may direct, shall l)e vested in the United States. Whereupon a motion was made b}' Mr. Clarke, of New Jersey, seconded by Mr. Peters, of Pennsylvania, as follows: Whereas the motion now before the House, made by the honorable mover from Massacl uisetts, appears to involve in it such important consequences to the Union as to require a special and deliberate investigation, unconnected with any other subject, and ought not be determined ujMjn a motion immediately taken up without j>re- vious notice thereof given to the States, as was the case in fixing a single Federal town; therefore resolved, That the said motion be postponed to the first Monday in April next, and copies thereof be transmitted to the executives of the several States. Mr. Clarke's resolution was lost. New York, New Jersey, and Penn- sylvania voting in favor of it. The consideration of the main question was postponed till Wednes- day. Saturday, Octoher 18., 1783. — A motion was made by Mr. McHenry, of Marvland, seconded bv Mr. iNIercer, of Virginia, to reconsider the 42 GOVERNMENT OF THE DISTRICT OF COLUMBIA. resolution ""that the consideration of the motion made by Mr. Gerry be postponed till Wednesday." When the question was about to be put, the determination thereof was postponed b}- the State of New Jersey. Monday^ Octoher W^ 178 J. — On tlie (Question to reconsider the reso- lution postponing the consideration of Mr. Gerry's motion to Wednes- day next, it Avas resolved in the affirmative, New York alone voting in the negative, and New Hampshire, New Jersey, Pe^ns3dvania, Delaware, and Georgia not being represented. On the motion that the consideration of ^Nlr. Gerrv's motion be postponed to Wednesday next, the question was lost. Mr. Gerry's motion then being taken into consideration, he moved to amend it hy adding thereto — and that until tlie buildings to l)e erected on the banks of the Delaware and Poio- mac shall be prepared for the reception of Congress, tlieir residence shall be alter- nately at equal periods of not more than one .\ear and not less than six niontlis in Trenton and Annapolis; and the President id hereby authorized and directed to adjourn Congress on the 10th of November next, to meet at Annapolis on the 2oth day of the same month for the dispatch of ]iublic business. On motion, the words ''of not more than one year and not less than six months'' were stricken out. But Congress refused to strike out the words "and Potomac," "alternately at equal periods," " and An- napolis." " at Annapolis ;" New York alone voting in favor of the motion. The amendment of Mr. Gerry, after being so amended, was jost, six States only voting in its favor, viz, Massachusetts, Connecticut, Mary- land, Virginia, North Carolina, and South Carolina. New York alone voted in the negative, the other States being divided or not represented. Tuesday^ October 21^ 1783. — The amendment offered by Mr. Gerry — on the preceding day and lost — was in substance renewed by Mr. Ellery, who had voted against it, and was now carried by the same votes, with the addition of Rhode Island, which on the former vote had been divided. The whole resolution of Mr. GeiTv was then adopted by the same votes, viz, Massachusetts, lihode Island. Connecticut, Maryland, Virginia, North Carolina, and South Carolina voted in the affirmative, New York alone in the negative; the other States were not represented. The resolution as passed was in this form: Whereas there is reason to expect tliat the providing buildings for the alternate residence of Congress in two places, will be productive of the most salutary effects, by seeming the mutual confidence and affections of the States. Resolved, That buildings be likewise erected for the use of Congress, at or near the lower falls of Potomac or Georgetown; provided a suitable district on the banks of the river can be procured for a Federal town, and the right of soil, and an exclusive jurisdiction, or such other as Congress may direct, sliall be vested in the United States; and that until the buildings to be erected on the banks of the Delaware and Potomac shall be prepared for the reception of Congress, their residence shall be alternately at equal periods of not more than one year, and not less than six months, GOVERNMENT (W THE DISTRICT OF COLUMBIA. 43 in Trenton and Annapolis; and tlio T^roisiilonl is liereby authorized and directed to adjourn Congress on tlic 12th day of Novend)er next, to meet at AnnapoHs on the 26tii day of tho sani(> month, for the disjiatcli of ])nbli(' husiness. Tkm'sdat/, (>ci(iJ)t I' rlO^ 17 So. — Remlivd, That in ease a President siiall not be pliosen on or before the 12th day of November next, the Secretary adjourn Congress on the day, to meet at Aimapolis on tlic 2t)th of tlie said montli, according to the resolution of the 20th (2188) instant. Seven Stutcs voteW in the alliniiative; thrco, viz, New York, New Jorse^y, and Pennsylvania, in the negative; New llanipsliire, Delawai-e, and Georoia wei-e not represented. A motion was made l)y Mr. Lee, of \' irginia, seconded by 'Mv. llolten, of Massachusetts, that a committee be appointed to repair to the lower falls of the Potomac, to view the situation of the country in the vicinity of the same, and report a ])roper district for carrying into etl'ect the resolution of the 21st of Octobei". \\'hereupon a motion was madi^ by Mr. Ilowell, of Rhode Island, seconded by Mr. Carroll, of Maryland, to amend the foregoing motion by adding — And that the conunittee appointed on the 7th day of Octolter, instant, to report the iiKist suitable place for erecting buildings for tlu^ acH'omniodation of Congress near tlu' falls of the Delaware, be directed to report as soon as may be. which was carried by the votes of the same seven States, as was also Mr. Lee's motion so ayiended, in the following form, viz: liesolred, That a conunittee be appointed to repair to tiie lower falls of Potomac, to view the situation of the country in the vicinity of the same, and rejiort a ])r()i)er district for carrying into effect the resolution of the 21st of October; and that the committee appointed on the 7th of October to report the most suitable place for erecting buildings for the accommodation of Congress near the falls of the Delaware, 1)0 directed to report as soon as may be. The members, Mr. Hawkins, of North Ca)(jlina; Mr. Gerry, of JMassachusetts; Mr. Carroll, of JNlaryland; Mr. Mercer, of Virginia, and Mr. Williamson, of North Carolina. It was also resolved (by the same votes) — That the President transmit to the executives of New Jersey, Pennsylvania, Mary- land, and Virginia copies of the acts of Congress of the 7th instant, respecting buildings to be erected for a Federal town on the banks of the Delaware; and of the acts of the 21st instant, respecting buildings to be erected on the banks of PotOiuac for a second Federal town, and the adjournment of Congress to AnnapoHs; and that copies be also transmitted to the several other States in the Union. Monday, Novemher adjourn Congress on the 6th, be reconsidered and altereil to the 4tli. Resolved, That this Congress be, and it is hereby adjourned to meet at Annapolis on the 26th of the present month. 44 OOVEKNMENT OF THE DISTRICT OF COLUMBIA. Wednesdaf/, April Af, i754.—'riii^ delegates of the State of Hliode Island and Pi()\"Kli'iu'e Plantations having informed Congress that the legislature of said State, at their session in February last passed the following resolution, to wit: Resolved, That the delegates of this State be, and they are hereby, instrneted to use their inthienee to obtain a recess of Congress as soon as tlu^ national business will possibly admit. It is further voted tliat the delegates of this State recjuest that honarable bod}- to adjourn and convene at Rhode Island in the course of the next year, or as soon as may be convenient; and that Congress be informed that if the aforesaiil request shall be acceded to, this State will i>repare suitable buildings for their accommodation. And thereupon moved — That on the 2t)th day of May next, the I'resident ailjourn this Congress mitil the 26th day of October next, then to meet at Newport, in the State of Rhode Island and I'roNidence Plantations; and, if a sutHcient number of members to forui a house should not then meet, that all the ])usiness befon> this Congress unlinished at the time of said adjourmuent be referred to the United States in Congress, who shall be assembled at said Newport on the first IMonday in November next. A motion was then made by ^Ir. Jotl'crson. of Mrginia, seconded hy Mr. Hardy, of Virginia, to strike out the words ''then to meet at Newport, in the State of Hhode Island and Providence Plantations," and afterwards the words '"at said Newport," which were accordingly stricken out. Rhode Island alone voting in favor of retaining them. A motion was then itiade by Mr. Montgomery, of Pennsylvania, seconded bv]\Ii-. Hand, of Pemisylvania. in lieu of the words struck out to insert "to mei't at l^hiladclphia,"" which motion was lost, Pennsylvania alone voting in its favor. A motion was then made by ]Mr. Monroe, of A'irginia, seconded l)y Mr. Mcllenry, of jVIaryland, to postpone the further consideration of the motion under debate, in order to take up the following: That the States of ^laryland and Virginia be informed, that i)rovidetl they will advance the United States— — pounds, for the erecting the necessary buildings for the reception of Congress at or wvax (ieorgetown, at the falls of Potomac, it shall be allowed them in the recpiisition made on them for the, year , by the United States in Congress assembled; which passed in the negative, Maryland, Virginia, and South Carolina voting in the atlirmative, Rhode Island and North Carolina being- divided, Delaware and Georgia not l)eing represented. A motion was then made l)y Mr, Jeti'erson, secondtnl by Mr. Mon- roe, in lieu of the words struck out, to insert '"Alexandria:" whicli motion was lost, Virginia alone voting in its fa\or. A motion was then made by ]Mr. Beatty, of New Jersey, seconded b}^ Mr. Sherman, of Connecticut, in lieu of the words struck out, to insert "to meet at Trenton, in the State of New Jersey, agreeably to their act of the 21st of October last," which was carried, INlaryltind, Virginia, and South Carolina voting in the negative. North Carolina divided, Delaware and Georgia not represented. (K)VEK.NMKNT oK THK DISTKICT (»K COLUMBIA. 45 A motion was thtMi niado by Mr. Jerterson for a fiirthcM- jiniondinont, by {icklino-, iiimiO(li:itoly tiftor the words inserted, these words, to wit: '''"Provided^ A eoniiuittee of the Stiites shall have been previously con- stituted.'"' On this amendment the previous ([uestion was moved l)y the State of ISIassaehusetts, seconded by the State of New Jersey; and on tiu> ([uestion to ayree to the previous question it was lost; ayes, 5; noes, 5; Ncav York divided. Monday^ Aj)ril i36, 1784. — Present eleven States. A motion was niad(^ by ^Ir. Howell, seconded l)y INIr. Gerry — lluit the I'n'suk'Ui be, and ho it> heroby, anthorizetl and dirorUnl to adjourn (^onp:rcss on the third day of Jnne next, to meet on the thirtietli of Octolier next at Trenton, for the dispateli of pul)hc huniness; and that a coniniittee of the States shall be appointed to sit in the reeess of Congress. A motion was made by Mr. Mcllenry, seconded by Mr. Spaio"ht, of North Carolina, to postpone the consideration of the foreo-oi no- motion in order to take into consideration the report of a connnittee "to whom was referred a report on the powers with which a I'ommittee of the States should be vested durinj'* the recess of Congress, and a motion on the same subject."' The motion to postpone Avas lost, Pennsylvania and all the States east of Pennsylvania voting in the negative; Maryland and all south of Maryland voting in the altirmative. Delaware and Georgia were not represented. A motion was then made l)y j\Ir. AYilliamson, of North Carolina, seconded by Mr. Mclicnry, to amend the motion of Mr. Howell bv adding thereto — Pi'oridid, A committee of tlie States shall first have been appointed to sit in the recess of Congress, and the powers di'lined with whicli the said committee shall be vested, according to the tenth of the Articles of Confederation. This motion was also negatived by the same vote. A motion was then made by Mr. JNIcHenry, seconded by Mr. Mer- cer, to postpone the further consideration of the motion luider debate in order to take up the following: That as soon as u pro])er [)lace shall be re])orted by tlie connnittee appointed to view and report a proper })lace for a Federal town at or near Georgetown, on the Potomac, and the soil and jurisdiction obtained as well for the town on Potomac as that on Delaware, Congress will forthwith proceed to erect such ]>ul)lic buildings as may be necessary for their sessions, at the expense of tlie Cnitetl States, out of the common treasury thereof; that the foundations of the said buildings shall be laid at the same time, and no sum of money appropriated for the one, unless an equal sum be appropriated for tlu> otiier. The motion to postpone for the purpose aforesaid was lost, Mar}^- laiul alone voting in the affirmative, and Virginia and South Carolina being divided. Mr. ,Ieli'crson and Mr. Monroe voted in the negative. 46 GOVEKNMEXT OF THE DISTRICT OF OOLFMinV. A niolion was tluMt made t)v Mr. Hardy, of \ ir^iiiia. and soi-ondoil bv ]Mr. Head, of South Carolina, to postpone the ecMisidoration of the motion under det)ate, in ortU^r to (:dve \\\i tht^ following": AVhereas the resolution of the "JOth of Oi-tolvr last ]>rovides that Congres? shall reside at Trenton and Annapolis, alternately, at ennal jxTiods of not less than six months or more than twelve, until tho l>niUlin>:s on tho hanks of I'otoinae and Pol- aware be ready for their ivee{>tion: And wherea.* the deleijates from Khodo Island, pursuant to"" ir.structions from that State, have moved a resolution that t'on<:rfss adjonrn to Nowjiort. in tho State of Khode Island, fntm whii-h it is ovidently the st'use of that State that tho resolu- tion for two Federal towns should not he t'arriod into effect: And wheivas it appeai-s to be the .sonso of a majority of tho States in (.'ouijress assembled, by a motion from tiie State of C'ounoetient forbiddiuii- the eomnuttee appointeil to view the iiround at or near (ieorgc'town \o proi-eed in that bu.sine.ss until the furtlu'r order of Conjiress, and by a motion for allowim:- the States of ^laryland anil Virginia to advance pounds ior the purpose of crei-tinir public buildings at or near (.Jeorgetown. and for giving them credit for the sami> in tlu> requisition oi year, which last being negatived, amomits to a virtual repeal of the afore.-^aid act; and as it will be expedient to tix on a situation the most central to all }iarts of the I'nion for holding the sessions of Congre.- previt)iis (jnestion was mo\ ed by the Siati^ of Connec'tieiit, seconded by the State of Rhode Island: and on the iiia>s- tion to aoToe to the previous (|uostion, the yeas and nays l)eino- fetiiured by Mr. Hardy, the yeas w ere. New Haiupshiri\ Massaeluisetts. Rhode Island, Conneetieut, Mew \\)rk. New flersey. and rennsyh ania: nay, ISIaryland; divided, Viryiniti, North Carolina, and South Carolina; not represented, nelawtire and (ieoroia. So it was resolved in the :illirmativ(\ and the motion was set aside. The orioinal motion of ]Mr. Howell w;is then etirried, Reimsylvania and all the States east of PiMuisyh ania votin*i" in the atlirmative; Maryland, Viriiiniti. and South Carolina in the ne^'ative: North Caro- lina divided, and Dehiware tind Georo-ia not i;e]M-esented. So it was — Hesolird, That the President he. and he hereby is. authorized and directengress. T/iu/sdtn/, Jiow S, liSJf. — The President, in jnirsutinee oi the aet of the '2(>th of April, adjourned (\ino-ress to meet at Trenton on the ;'.('( h of Oetober, where they met November 1. Ft'lihiy, Dect'Dther 10, 17\%.~X motion l>eino- made by the State of South Carolina, seconded by the State of Pennsylvania, "that for the more convenient transaction of the business of the Ignited States and acconnuodation of Congress it is expedient iov iIkmu to adjourn from their present residence," the determination thereof was postponed to the next day, when the question was lost, the atlirmative N'otes being GOVERNMENT OF THE DISTRICT OF COLUMBIA. 47 l*eiuisylvania, Delaware, Virginia, South Carolina, and Georgvia; the ncg"ative, ^las.sachusetts, New York, and New Jersey; not repre- sented. Now Hampshire, Rhode Island, Connecticut, Maryland, and North Carolina. Monday, December 20^ 1784. — On motion of Mr. Howell, seconded by ^Ir. 'lay, of New York — Resolved, That it is expedient the Congress proceeil to take measures for suitable buil(linurchased, and such as they may judge i)ro]»er for the site of public buildings; to cause one or more places to be surveyed on each side of tlie river, and report to Congress the situation and quantity of land offered them for 14248—03 4 50 fJOVERNMKN'r OK TIIK rUSTUTCT OK COLUMBIA. sale, ami tlic tcniis on wliicli the several tracts may be purchased, jx-operly autheu- ticalcil by nuMliffcrent proprietors. This motion \v;is lost, North Ciii'olina iiionc \()tino- in its favor. A motion was then made by Mr. jNIclIenrv, ot" Maryhind, seconded by Mr. Foster, of New Hampshire — that Coiifjiress do not proceed to tlie ai)i)ointnient of commissioners, to carry the onlinance for foundin;j; the sairi((iry 10^ 77'(S',T. — \ luotion fui'tiuM" to ])ost]>one the order of the day, to ])roce(Ml to the (dection of three conuuissioners, etc., was neoati\ed, Maryhind alone votino- in the atHrmative. Cono-ress proceeded to th(^ (dection of thriHi conuuissioners, pursuant to the ordinance of tlio 'lo(\ of HiH-ember, 1TS4, and the ballots ])eino- taken, rhilij) Schuyler, estp, was elected, lia\ iiio- been previously nominated by Mr. W. Livinoston, of New York. Friday, Khruary 11, 17So. — Cong-rcss proceeded to (he (dection of the two remainino- conuuissioners. pursuant to th(> ordinance of the 2od of l)ecend)er, LTS4, and the ballots beino- taken, Mr. Philemon Dickenson and ^Ir. Kol)ert ]\Iorris wi>re ivlected, tlu> former havino- been previously nominated by Mr. Stewart, of New Jersey, and the latter by INIr. Ellcry, of Klioile Island. Tuesday, March \o, 17So.—A lett«n- of tlu« ;Ul, from Mr. P. Schuy- ler, was ri'ad, wherein he (Undines the office of couuuissioner for car- rying into etl'ect the act for Federal l)uildino-s. ^ Friday, 3farc/> 11, 17S6.— Jit'solrctf, That Tu(^sday next he assijined for tlie election of a conunissioner for cnrryini,' into exi-cntion tlie purposes mentioned in the ordinance of l)ecend>er 23, 17S4, in the i)lace of I'hiUp .Schuyler, esip, who has declined to accept that appoint- ment. A motion (o strike out "Tu(>sday'" and insert "the lirst iNIonday in INlay*' was los(, Maryland alone voting" in its favor. Wednesd((y, Jfare/i ll>, 1785. — Mv. John Brown, nourinated ])y Mr. Beatty, of New Jersey, was elected commissioner in i\\o ])lace of Mr. r. S(dmyler. The flournals of Congress do not show^ that any further proceedings were had uiuler the ordinaiu-e of 2'M Decend)er, lT8-t. On Tuesday, April lo, ITST. Congress luiving continued its sessions ill New York ever since the 13th of January*, 1785, GOVEllNMKNT <»K TJIK DISTKIOT OF OOLUMIUA. T)! A motion was made by Mr. Kearney, of Delaware, sceonded by Mr. lilount, of North Carolina: Tliat on the lust Friday in the i)reHent month Coii^n-CHH will tuljonrn, to iiKict on the lif.st Monday in June next at the city of I'iiiiadeiphia, in the State of l'enn,syl- vania, and the* Pnwident of ConjjjreHS in herehy authorized and directed, on the Haid last Friday in the j)resent- nioiitii, to adjourn Congress to the said first Monday in June next to meet in the city tts, so to amcMid the i-esohition as to leave it a simple resolution to adjourn on tiie last Friday of the month, till the first Monday in June; which motion wa,s carried. Mr. Kino- (hen moved to strike out the words, "on the last Friday of the present month," and when the (juestion was about to be, put the determination was postponed hy the State of Massachusetts to the next day, when it was postponed indelinitely. On Thursday, May 10, 1787, a motion by Mr. Kearney, of Dcilawarc, to adjourn on the lOth, to meet at IMiiladelpliiji on the second Monday in rJune, was decided not to })e in order, becaus(? contrary to the ordi- nance of the '■2'ddoi I)eceni})er, 17S-1, which enacted that the sessions of Congress should be held in New York luitil the public buildings in the Federal town should be ready for their reception. Mr. Kearney then renewed his motion with this addition, '''Anything- in the ordinance of the 23d of December, 1784, contained, to the con- trary notwithstanding." A motion was then made by Mr. Lee, of Virginia, seconded by Mi-. linger, of South Carolina, to postpone the motion before the House to take up the following, viz: Whereas the convenient and (hie ailministration of tiic, ( iov(uiunent of the Uniteeonded by ISlr. Carrin^ton, ol" Virj^inia, to anuMid the motion hcd'ore the hous(^ by addiny- the l'olh)win_i;' words: 'Pliat ihe lioard df Ircasiiry take ufdrr fur llu' |)aynu'iit of all jiisl rxptMisi'S w liicli till' (illicrr.s of tlii" Iriited Stati's may 1h' iinohrtl in liy tlic a\v York, and A'iru'inia votiiio' in the allirmative. An unsiicccs.sl'ul Ujotion was made l)\ Mi'. Carrinoton, of Viri-'inia, to substitute the loth and ;;oth of October for the IGth of May and the s(M'ond Monday in flun(>; but Mr. l>ane, ol" Massachusetts. pre\ ailed in a motion to strike out th(> second Monday in rlune next. Nothino' further a])pears to lia\(' been done upon Mi'. i\earnev''s motion of the 10th of May, 1787. Moiidiii/^ 'Inhj '2S^ 17SS.-~'X\\(^ committee, consistino* of ^fr. Carrino-- ton, INIr. Kdwardt;, jNIr. Baldwin, ]\Ir. Otis, and Mr, Tucker, to whom were i-(>ferrcd the acts of the several States -which have been trans- mitted to Congress, ratifyinii" the Constitution for the United States of America, havino- n^ported an act foi* putting" the said Constitution into operation, and the followino- parao-niph havino- been debated and amended to read as follows: That till' lirsl Wednesday in .lanuary nrxt hi- tin' day for ai>i>ointiiiu: i-li'i-tors in the 8i'veral States which havr, or shall, lu'lori' the said day liavr ratilicd the said (\)nstitution; that the lirst Weihiesday in February next l>e the day for the eleetora to assemble in (heir respective States and vote for a President, and that the first Wednesday in ^larch next be the time and — (he plaee for eoiniiu-iuiiii; pro- ceedings nnder the said Constitntit>n; a motion was made by ]Mr. Kdwards. of Connecticut, seconded by iNIr. AVilliamson, of North Carolina, to till the blank with •'Philadelphia." This motion was lost; New nampshir(\ Connecticut, Pennsylvania, Maryland, Viroinia. and North Carolina voti'^d in the allirmative; INhissachusetts, Ni>w York, New Jersi>y, and South Carolina in the ne«^'ative; Dehiware :ind Ceorijia were divided, and Rhode Ishind Avas not represented. AVidntsdaij^ Juh/ JO, i7K 'I'HK DIHTUIdT OK (iOLUMJUA. 53 ('oiincciicut, l\Miii,syl\:iiiiji, DcliiwiU'c, Mui\ liiiid, Viio-inia, North (^ur- oliiia, and (Jcoro-iu in ili(> ii(>oiiliv(^; N(i\v IIuiiipsliiiHi l)(>itii>- divided aiid Uliodo Isliiiul not hciiio- i-cpi-csciiliHl. Monday, Aik/usI ,^, /'/A'.S*. — The oi-dcr of [\\o day hciiiL;- called, and the molioii icnewcd hy Mr. Dayton, seeoiuh>(l b}' Mr. Ross, of Maiy- laiid, (o iili the l)lard< witii lh(> words "city of N by Mr. Williamson, of North ('aro- lina, soeoiuhxl l)y Mr. Seney, of Maryhiiid, to ])()sl|)one the motion, in ()i"d(>r to admit a luotion to till th(^ hlaid< witli the word "^ Ijaneastci," wliieh motion was h)st; PennsyUania, Dehiwai'e, Maryland, Virginia, Noli h ('arolina, and (Jeoi'o'ia votinn- in the ailirmati\ c, and the other seven States in th(> neo-jitivo. A motion was then made liy Mr. ( arrinn'ton, seeon(le(| by Mr. Seiiey, to ])()st|)()ne the motion I'oi' New York, in order to admit "■ Bal- timore, in the Stat(> of Maryland," which motion to postpone was cai'ried; the sov(^n SoutlaM-n Statics, includino- l*(>nn.sylvania., \otino- in the adirmatixe, and the six I^^astei-n Stat(>s in th(> negative. 'I'h(> motion to till th(> blank with th(\ words "" the town of Balti- more, in the State of Maryland,'' was eai'i'ied b^^ the sam<> majority . 7)/<'s(/((!/^ AiKjiisf ."T, 17SS.- Amotion was mad(\ by Mr. Hamilton, of New York, soeonded l)y Mi'. Daiu^, of Massacliiisc^tts, to rcH-onsider the (piestion for lillino- (he blank in the I'esoiution with tJie words, "the town of Baltimore, in the State of Maryland,'"' which motion was lost by the same majority. Wddnesddi/, Aiu/i/sf, 6', i7cV, order of the day bein*^ called for, and the act, as am, and tlu* town of I'altimore, in (he Static of Mary- land, the place for commeucitif^ pi'oceedin^s under (he said ( loustitutiou — a motion was madc^ by Mr. Tucker, of South ('arolina, seconded by Mr. Lee, of Viroinia, further to amend the act bv strikin«'- out tho 54 GOVERNMENT OF THE DISTRICT OF COLUMBIA. words "in the town of Baltimore, in the State of Maiyland," and inserting as follow^s: And whereas a central situation would be most eligible for the sitting of the Legis- lature of the United States, if such could be found in a condition to furnish in due time the accommodations necessar}' for facilitating pnl)lic business, and at the same time free of weighty olijections which might render it improper or unlikel)' to be the seat of government, either permanently or until a permanent seat can be agreed on; and whereas the most effectual means of obtaining finally the establishment of the Federal Government in a convenient central situation is to leave the snbjec-t to the deliberate consideration of the future Congress, uninfluenced by undue attach- ment to any of the jilaces which may stand in comiaetition for preference on so inter- esting a question, and unembarrassed by want of ^tirne and means to fix on and prepare the most proper place for this purpose; and whereas the removal of the public offices must be attended with much expense, danger, and inconvenience, which ought not to be incurred but with a well-founded expectation of advantages that may fully counterbalance the same; and whereas no such advantages can be expected from a removal to any jilace now in a condition to receive the Federal Legislature; and wliereas, in addition to tlie l)ef ore-mentioned reasons, unnecessary changes of the seat of government would be indicative of instability in the national councils, and therefore highly injurious to the interests as well as derogatory to the dignity of the [Tnited States: Therefore, Eesolred, That the city of New York, in the State of New York, be the place for commencing j^roceedings under the said Constitution. A motion was then made by Mr. Williamson, of North Carolina, seconded by Mr. Read, to postpone the motion before the House in order to take up the following: Whereas it is proper that the seat of the new Congress and of the National Govern- ment should be placed as near the center of the Union as may consist with present accommodation, in order that its influence and benefits may be equally felt In' the great body of citizens throughout the United States, that members of Congress and other persons may approach it with equal convenience from opposite extremes, and that no species of jiartial favor may seem to have been extended to one extreme rather than to the other; and whereas the present residence of Congress is far removed from the center of the Union, whether population or distance are considered, since the new Congress is to consist of 8 Senators from States to the eastward of New Y'ork, and 16 from States to the southward, and since there are to be only 17 members in the House of Representatives from the Eastern States, though there are to be 42 members from Southern States, and since the distance to the seat of government in the extreme Eastern State is hardly equal to one-third of the distance to the seat of government in the most southerly State; and whereas it is to be desired that the new Congress may be convened in the same spirit of mutual accommodation which has hitherto appeared in all deliberations respecting the new Government, and that I)roceedings imder the said Government may commence under the impressions of mutual confidence without that general irritation and loss of time which must attend the removal from an improper situation, and without those painful apjjrehensions which will naturally arise from a measure that may seem to have originated in an undue regard to local considerations: Therefore, Resolved, That the seat of the new Congress ought to be in some place to the south- ward of New York. This motion of Mr. Williamson to postpone, for the purpose afore- said, was decided in the negative, the six Eastern States and South GOVERNMENT OF THE DISTRICT OF COLUMBIA. 55 Carolina voting against it and the other six Southern States in its favor. A motion was then made by Mr. Carrington, seconded by Mr. Bing- ham, of Pbnnsylv^ania, to amend the amendment by striking out the words "New York, in the State of New fork," and in lieu thereof inserting "Philadelphia;" which motion was lost, the same States voting in the negative and Georgia being divided. A division of Mr. Tucker's resolution was then called for, and on the question to agree to the resolving clause it was decided in the affirmative. The question to agree to the preamble was also agreed to by the same vote. Ttiesday, September 3, 1788. — A motion was made 1)y Mr. Clark, of New Jersey, seconded l)v Mr. Sedgwick, of Massachusetts, in the words following, viz: Whereas the convention, assembled in Pliiladelphia, pursuant to the resolution of Congress of the 21st of Fel)ruary, 1787, did, on the 17th day of Septeiul)er in the same year, report to the United States in Congress assembled, a constitution or form of government for the people of the United States; whereupon Congress, on the 28th day of the same September, did resolve unanimously that the said report, with the resolutions and letter accompanying the same, he transmitted to the several legisla- tures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention made and pro- vided in that case; and whereas the Constitution so reported by the convention, and by Congress transmitted to the several legislatures, has been ratified in the manner therein declared to l)e sufficient for the estal)lishment of the same, and such ratifica- tions, duly authenticated, have been received by Congress and are filed in the office of the Secretary thereof: Therefore, Resohed, That the first Wednesday in January next l)e the day for appointing electors in the several States which before the said day shall have ratified the said Constitution; that the first Wednesday in February next be the day for the electors to assemble in their respective States to vote for a President; and that the first Wednes^ day in March next be the time, and the seat of the Federal Government at that time the place for commencing proceedings under the said Constitution. This motion was lost, Massachusetts, New York, New Jersey, and South Carolina voting in the affirmative; Penns3dvania, .Delaware, Maryland, and Virginia in the negative; Connecticut and Georgia being divided, and New Hampshire not represented. The same motion, with the exception of the clause respecting the place, was renewed by Mr. Edwards, of Connecticut, seconded by Mr. Sedgwick, of Massachusetts. A motion was then made Iw Mr. Irwine, of Pennsylvania, seconded by Mr. Bingham, of Pennsylvania, to amend the motion before the House bj' inserting after the word "time" the words "and that Lancaster be the place." Mr. Irwine's motion was lost, Penns3dvania, Delaware, Maryland, and Virginia, voting in the affirmative; Massachusetts, New York, New Jersey, and South Carolina in the negative; Connecticut and 56 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Georgia divided; New Hampshire, Rhode Island, and North 'Carolina not represented. Wednesday, Sejytemher S, 1788. — A motion was made by Mr. Sen. y, seconded l\v Mr. Ross, of Maryland, to amend the motion of Mr. P>1 wards by inserting- after the word *'time'' the words "and that the city of Annapolis, in the State of Maryland, l)e the place." This question was also lost, Pennsylvani and Maryland only voting in the affirmative. Tlnirxday, Sej>temher Jf., 1788. — The motion made ])v Mr. Edwards, seconded l)y Mr. Sedgwick, being again moved and read, a motion was made by Mr. Tucker, seconded by Mr. linger, that the same be postponed in order to take up the following, viz: Whereas after loiii; (lelil)eration on the subject of tlie new Constitution, so far as the agency of Congress is required to give it effect, there appears to l>e a diversity of sentiment with resx>eet to the place for commencing proceedings under the said f 'on- stitution, which may prevent a speedy and definite decision thereon; and Whereas a further delay of the other essential pai-ts of this ]>usiness migiit be productive of much national inconvenience: Therefore, Jie^dlrfd, Tliat the first Wednesday in January next, etc. (as in the former reso- lution), and that the first Wednesday in March next be the time for connnencing pro- ceedings under the saicr 5, 1789. — The coiniuittoo of the whole reported Mr. Scott's, Mr. CJoodhue's, and Mr. Fitzsimons's resolutions, tillinj^ the blank in the latter with $100, OOO, to be repaid in twenty years, at 5 per cent int(M'est. The House took up the report, and agreed to Mr. Scott's resolution, as follows: Resolved, That Die i)ermanent seat of the (iovernment of the United States ought to be fixed at some convenient place as near the center of wealth, i)opulation, and extent of territory, as may be consistent with convenience to the navigation of the Atlantic Ocean, and having due regard to the situation of the western covmtry. * On Sep\(>niber 7, 1789, Mr. Lee moved to amend Mr. Goodhue's res- olution b}' substitutino- the ''north hank of the river Potomac in the State of ]\laryland,"' for "the east bank of the river Susquehanna in the State of Pennsylvania;'" whicli amendment was rejected; ayes, 21; noes, 29; two mend)ers from Maryland, viz, Mr. Seney and ]\[r. Win. Smith, voting- in the neo-ative. A motion was then made by Mr. Vinino-, of Delaware, to amend the resolution of Mi-, (Joodhue by striking- out the word ''permanent," and also, after the words, "ought to be at," to strike out to the end of the resolution, and to insert in licni thereof, "the borouo-h of Wil- mington in the State of Dclawar(\'" Tliis motion was negatived; ayes, 19; noes, 32. A motion was then made by Mr. Boudinot. of New Jersey, to strike out ''east bank of the river Susquehanna in the State of Pennsylva- nia," and insert "I'otomac, Susquehanna, or Delaware." This motion was lost; ayes, 23; noes, 28. A motion w-as then made ))y ]Mr. Boudinot to strike out *'east ])ank of the river Sus(|uehanna," etc., and insert "banks of either side of the Delawar(\ not more than eight miles abov(^ or Ixdow the lower falls of nelawai-(\'"' Rejected; ayes-1; noes, -Id. Mr. Boudinot then moved to strike out "cast banks," and insert "banks." Carried; ayes, 20; noes, 25. Mr. Lee then moved to insert " or Maryland" after the words " Sus- quehanna in the State of Pennsylvania." Rejected; ayes, 25; noes, 2t). Mr. Yining then moved to substitute Wilmington in Delaware for New York, as the temporary r(^sidonce of Congress. Rejected; ayes, 21 ; noes, 30. Mr. Parker, of Virginia, then moved to insert Philadeli)hia in })lace of New York. Rejected; aves, 22; noes, 29. GOVEKNMENT <»K THE DISTRICT OK COLUMBIA. 61 The resolution ot" Mr. Goodhue was then passed, as i'ollows: l-icxulced, That the perniauent seat of the Government of the United States ought to be at some convenient place on the banks of the river Susquehanna, in the State of Pennsylvania, and that until the necessary buildings be erected for tlie purpose the seat of Govcrmnent out^dit to continue in the city of New York. Mr. Fitzsinioiis's resohition heing under debate, a motion was made by Mr. Gale, of Maryland, to add, after the Avord '' aforesaid,'' the following: Prondcd, ncrertluies.s, That i)revious to any such purchase or erecliouof buildings as aforesaid, the legislatures of the States of Pennsylvania and Maryland make such provision for removing all obstructions to the navigation of the said river, between tlie seat of tlic FiMlcral (loviM-nmcnt and tlie mouth thereof, as may 1k' satisfactory to the I'rcsident of the ruittnl States. This aniendnicnt was rejected; a^'cs, 24; noes, 25. The resolution of Mr. Fitzsinions was then passed; ayes, 28; noes, 21; the blank for the time of erecting- the buildings being tilled with "four years;'' and it was ordered that a bill, or l)ills, be brought in puj'suant to those resolutions. The committee to prepare them con- sisted of Mr. Ames, Mi-. Lavyrence, and Mr. Clymer. Tueaday^ Septemher 6\ 17SD. — A petition was pi'csented of sundry inhabitants of Georgetown, in the State of Maryland, containing an otler to put themselves and fortunes under the exclusive jurisdiction of Congress, in case that town should be selected as the permanent seat of the GovcM-nment of the United States. Ordered to lie on the ta])le. Monday^ Septemher llf.^ 1789. — Mr. Ames, from the committee appointed, presented, according to order, a bill to establish the seat of the Government of the United States, which was received and read the first time. In the course of the debate (September 3), Mr. Lawrence having alluded to an observation of Mr. Madison (in a former debate) — that could the moderate and ecpial policy of that day's proceedings have been fore- seen in the convention of Virginia, it would have obviated many objections that were tlicre produced against tlie Constitution. Mr. Madison replied: I admit that on a former occasion I applied the remark quoted by the gentleman from New York; but I now as verily believe tliat had a propliet started ui"> in that convention and foretold the proceedings of this day, Virginia would not now l)e a party to this Constitution. Mr. Burke said that a league was formed between the Northern States and Pennsylvania. This was denied by Mr. Fitzsinions. Mr. Scott, of Pennsylvania, ol>served that the (Question seemed to lie between the Susquehanna and the Potomac. He gave a geograph- ical description of those rivers, in relation to their advantages of com- munication with (he western territory; he considered Pittsburg as the 62 GOVERNMENT OP THE DISTRICT OF COLUMBIA. key of that territory. The result of his detail was clearly in favor of the Potomac. That there is no comparison between the advantaoes of one communication and the other, with respect to the Ohio countr}'. The Potomac will, no doubt, one day be a ver}- important channel into those re^'ions. That thouo'h he thought that the Potomac was nearer the center of communication between the Atlantic and the Ohio than the Susquehanna, as there was no prospect of a decisionjn favor of the former he should give his vote for the Susquehanna. In this situation, as he was a native of Pennsj'lvania, there was a certain duty v/hich he owed to his country, and which he shoidd now perform. Mr. Madison, in debate (on the -ith of September), ol)served — if there be any event on which we may calculate with tolerable certainty, I take it the center of population will continually advance in a southwestern direction. It must then travel from the Susquehanna, if it is now fomid there. It may go beyond the Potomac; but the time will l)e long first; and, if it should, the Potomac is the great highway of communication lietween tlie Atlantic and the Western country, which will justly prevent any atteiniits to remove the seat farther south. I have said, sir, that the communication to the Western territory is more commodious through the Potomac than the Susquehanna. I wish all the facts connected with this sul)ject could liave been more fully ascertained and more fully statc^d. But if we consider the facts which have been offered by gentlemen who spoke, Ave nmst conclude that the communication through the Potomac would be much more facile and effectual tlian any other. Mr. Madison stated the prol^ablc distance l»v land from the seat of Government, if fixed on the Potomac, to Pittsburg-, at ITo or ISO miles; if by the river, 250 mil(\s; and from the seat of Government, if fixed on the Susquehanna, by land, 250; l)y the river, 500, Whether, therefore [he said], we measure the distance by land or water, it is in favor of the Potomac; and if we consider the progress in o]>ening this great channel, I am confident that consideration would be equally favorable. It has been determined, by accurate research, that the waters running into the Dhio may be found not more than 2 or 'A miles distant from tliose of the Potomac. This is a fact of iieculiar importance. Tue-sday, Septemher 15^ 17 89. — The l)ill tQ establish the seat of the Government of the United States was read the second time and com- mitted to a Committee of the Whole House, on Thursday next. T]iurftc)iihc)' 28, 1780. — Mr. Madison moved to amend the Senate's amendment l)v adding a proviso tliat nothing therein contained should be construed to ail'ect the operation of the huvs of Pennsyl- vania, within the said district of id miles square, until Congress shall otherwise pi"o\ itle ]>y law. This was agreed to without a division. Mr. Madison moved to strike out of the Senate's amendment those words which comprehend within the district such parts of the Northern Liberties of Philadelphia as are not excepted in the Pennsylvania act of cession. This motion was negatived without a division. Mr. Lee moved to strike out the chiuse providing for the temj)orar\- residence in New York. This was also negatived without a division. Mr. Boudinot moved to amend tlie amendment of the Senate by annexing to it a chuise providing that the scat of government might be anywhere on the Delaware, within the States of New Jersey, Pennsyl- vania, or either of them, al)ove Philadelphia and below HowelFs Ferry. This was also neg-atived without a di^•ision. The main (lucstion, that the House agree to the amcmdment of the Senate, ^vith the foregoing amendment, was then carried — ayes, 31; noes, 24. The ])ill was then returned to the Senate, which postponed the con- sideration of the amendment until the next session. /// the Senate — Saturd((y., Aagud ;i;?, 1780. — The memorial of flohn Cox and others, citizens of the State of New Jersey and of the State of Pennsylvania, praying that the future scat of government might be estaldished on the banks of the Delaware, and proposing a cession of a tract of land of 10 miles scpiare, was read, and. together with a draft of the said tract, was laid on the ta])le. Tuesday, August S5, 1780. — Mr. Maclay presented a draft of 10 miles square, including the borough of Lancaster, with a letter con- taining a description of the same, from Edward Hand. Mr. Maclay GOVEENMENT OF THE DISTRICT OF COLUMBIA. 65 also nominatGcl Wright's Ferry, on the Susquehuiuui; I'orktown, west of the Susquehiinna; Carlisle, west of the Susquehanna; Harrisburg, on the Susquehanna; Reading, on the Schuj'lkill, and Germantown, in the neighborhood of Philadelphia, as different places in Penns3dvania which had been proposed for the permanent seat of government of the Ignited States. Monday, September 21, 17 89. — Mr. Morris, on behalf of the Senators from the State of Pennsylvania, introduced a resolve of the general assembly of that State, of March 5, 1789, making a respectfid offer to Congress of the use of any or all of the public buildings in Philadel- phia, the property of the State, etc., in case Congress should at any time incline to make choice of that cit}^ for the temporary residence of the Federal Government. Thursday, September ^^, 1789. — On the second reading of the bill to establish the seat of government of the United States, a motion to strike out the works ""in the State of Pennsylvania" was negatived — 10 to 8. On motion, the words "at some convenient phice on the Ixmks of the river Susquehanna, in the State of Pennsylvania," were stricken out — 11 to 7. A motion to insert in their place the words ''at some convenient phice on the northern liank of the river Potomac" was lost. A motion to till the blank with these words — in the counties of Philadelphia, Chester, and Bucks, and State of Pennsylvania, including within it the town of Germantown and such parts of the Northern Liber- ties of the city of Philadelphia as are not excepted by the act of cession passed by the legislature of the said State, was carried by the casting vote of the Vice-President, 18 Senators being present. Friday, Sejytember 25, 1789. — A motion to strike out the words — and that until the necessary buildings should be erected therein, the seat of govern- ment shall continue at the city of New York — was lost — 11 to 7. The second section of the ])ill was then amended, so as to read as follows: And be it further enacted, That the President of the United States be authorized to appoint three commissioners, who are, under his direction, to locate a district, not exceeding 10 miles square, in the said counties, and including therein the said Northern Liberties and town of Germantown, and to purchase such quantity of land within the same as may be necessary, and to accept grants of land for the use of the LTnited States, and to erect thereon, within four years, suitable l)uildings for the accommodation of the Congress and of the officers of the United States. The bill was further amended b}' striking out the last two sections, and inserting the following: Provided, That no powers herein vested in the President of the United States shall be carried into effect until the State of Pennsylvania, or individual citizens of the 14248—03 5 66 aOVKKWMENT OF 1']IK DISTKICT OF COLUMBIA. yuuie, i^liall fi:ivc satisfactory secnrrty tn tlie SccTctarv of tlu> Treasury to furnisli and pay, as tin- sanu' may he necessary, one Inuidred (lioasand dollars, to ])e eni])loyed in erecting the said huildings. Saturday, September ^6\ J7S'f).—Tho. bill was read i\w third time, passed, and sent to the House of Represeiilati\-es. Yeas, Messrs. Basset, of Dcdaware; I)aitoii, of Mjissachusetts; KUs- wortli, of C-()iiii(>ctieiit; flohiison, of ('onnecticiit ; Iviiio", of New '^'oi'k; Mori'is, of Pennsylvania; Paterson. of New Jersey; JJcad. of Dela- ware; Sehuylov, of New York; and W'inoaie, of JSiew liaiu|)siiir(v 10. Noes. Messrs. Butler, of South C'ai'olina; ('ari-oll, of Mai-y land; (Jray- son, of Viroinia; (Junn, of (Jeoi'oia; Henry, of Maryland; Izard, of South C^arolina; and Lee, of Vii"<>-inia 7. A/o/ii/at/, S<'j>t('iiit>n(l(iii, Mai/ -11, I /'!>(>. A motion to consider the followino- resolution, propositi l)y Mr. Filzsimons, on the i>Tth, viz: Jicsolntl, 'I'lial ( 'ontiTcss sliall meet and liold llieir next si'ssidti at was carried, oH to 'JT, Mr. 'rhalcher, of Miissachusetts, who objected to tlu! motion, remarkino- '"that Ik* did not thiid< it of two ])a|)(M- dol- lars' c()nse(|uenc(* to the United Stales wh(dh(M- ( \)ii!L;-ress met at N(nv \'oi'k, Philadelphia, or on the Potomac."' A motion by Mr. lioudinot, to anu'iid the same. l)y insertino-, after the word "/v.sWvvy/,'' the words— that a permanent seat fur tlie ( >f the I'niteil Statt's shall he lixed at sonic convenient |)lace on the haidcs of the Delaware, and — was decided l)y the S]:»eaker not to be in order. Upon appeal, tho House wase(|ually dixided upon the ((uestion of ordei-, and the Speaker decided thtit the motion was not in order. A motion l»y Mr. Lawi'ence to commit the orioinal motion to a (\)m- mittcH* of (he Whole Housi* w;is neoatived. Mr. Smith, of Mai'vland, ])ro])os(Hl to lill (he blaidv with "Balti- more,"''' whose iidiabitants had raised a subscrii)(ion of be(ween twenty and (hir(y thousand pounds to erect sui(able buildinos. Mr. Sherman ])ro[)()sed '• ^\'ilmino■t()ll,''■' A motion to insert '""New '^'ork'" was lost — Hf) (o 25. Mr Gerry obseix (>d (ha( i( is impor(;int to determine (he ((uestion resp(*ctin_o" (he tem])orary and permtment residence of Con^^ress, for while (he (juesdon remains doub(ful it will always be insimiatino- itself in all ofcat national questions. Mr. Carroll moved to inseit " Phila(lel})hia." Mr. Senin' moved to :idd ''or Baltimore.'" Mr. Seney's motion was lost— 38 to 22. aoVJOKNMKT^T OK 'I'lIK DISTJiK T OK (JOJ.IJM J'.l A. 67 Mr. CiiiToirs niotioM prcviiilcd -''>H to 2i4. Ayow — McsHi's. A.sho, Biildwin, lioiidinol, IJrown, (yiidvvaladcr, Car- roll, Clynier, Coles, Cont('<>, Filzsiinons, (Jalc, Ciliiiiui, Coodhiui, CJi-if- fiii, Iljirtlcy, Hoistci', Juckson, Lee, Lcoiiiird, Madison, Matli(!vvs, Moore, Midil(Mif)Ui'o-, Pa^'o, I'ai'kcr, Scott, Soncy, Siimicksoii, Smith of Mai-ylaiid, Stc(d(>, StoM(', Suinptcr, Thutchor, Vinino-, White, Wil- liamson, Wytdvoop — 38. Noes — Amos, l-Jonson, Hloodworth, linikc, i^'loyd, Foster, (Jcn-y, Groiil, llath(trM. lluj^or, 1 1 iintin<^ton, Lavvivncc, I ii\ ci nioic. Van Rensselaci', Schiircman, Scdj»'wick, Slicnnan. Silvester, Sniil h of South Carolina, Stiu'iy^es, 'i'riiinhulk and 'I'liekcjr — '•Ji'-A. The resolution was (hen sent t(; t\\v. Senate for tlx'ir eonciirrence. /u tim IScnate (on the naiae J hi of jMaij, ll'UO). M r. P,u ( le r, o f Sou ( h Cai'olina, by leave, presented a bill to deteiinine the permanent Heat of CongrewH and IIk; < iovi'mincnl. u)' IIh^ rinitcil StatoH — which was read thuse of the 81st of May was i-(!ceiv(!d and its consideration postpoiunl to the next day. WiidncMlay ^ June '2, 1700. — The ))ill and resolution were coirnnitted to Messrs. Butler, rJohnston, lleniy, Lee, and Daltoii. Monddjj, Jiinr 7, 1701). — Mr. Hutlei', from the committtie, made I'eport on the hill i-espcctin^- the permanent j'(!sidence, the cf>nsidera- tion of which reports was postponed to the next day. Tuei^diuj., Jan,eH, 1700. — The Senate i-efused (18 to 1 Ij to concur in the resolution of the House '"to meet anrl hold Iheir next session in Philadel|)hia." The Senate then })j-oci;ed<;d to considei' the; icport (d" th(; c(^iiimittce on the bill to determine the permanent residence, etc.; which was as follows: First. Tliat in tlieir f»piiiion, taking a combination of circumfitannoR into considera- tion, tiie present sesHion i.s a proper time; for fixing on lln' jicrijiiiiioit ((ssidence of CongrcHS and t})(; Government of the Uniterl States, and, afu^r dnt! conHideration, recommend tiiat it be placed on the eastern or northeastern bank oi tlie rotonia<;. Your connnittee further recommend tiiat sucli sinns of money as inay be offenfd by the States for the carrying tliis liill into effect may be accuildings. With respect to the temporary residence of Congress, yoin- ((immittee, after weigh- ing all fircumstances, consider the; ground of choice to Ik? so narrowed as to be full in the view of the Senate. Your connnittee recommend that the Senate siiould agree with all the otiier parts of the bill. "Whenmpon a motion was made that the opiuiiHi of tin; Senate be taken, whether it be expedient a! this time to determine upon any place for the permanent seat of the Government of the United States. 68 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The (lucstion was decided in the ne^-ative ))y the casting- vote of the Vice-President. On motion: Oi'deird., 'Jliat the considiM-ation of the bill to deterniin(> "the })er- manent seat of Congress,"' etc., be resumed, the report of the commit- tee being- rejected. A motion was lost (in lo !») to till the blaidc in the lirst paragraph with the words '"the (Sisterly bank of the Potomac." X motion was also made to p()st})one the furth(M- (-onsideration of the bill foi-a fortnight. It ])assed in the negative. A motion to till the l)laid-; with '' Baltimore," was also lost, IT to 7. The following motions were also lost, x'v/.: To postpone the bill indeliniteh. To postpone the bill till the next si'ssion of Congress. To reject the tirst enacting- clause of the ])ill, viz: Be it (')i(tctrd, rfc, Tliat a tlistrict of territory imt exceeding 10 miles square to 1)0 Ineati'il as hereafter directed at , and tlie same is hereby aeeeptcd as tlie j)er- maneiit seat of Congress and the ( iovernment of tiie United States. To adjom-n. To till the l)lank with "Wilmington, In the State of Delaware." A motion was then niad(\ that the iii-st enacting clause be agreed to; which was supersediul by a motion to adjourn, which w;is carried. Jn the Iloui^i' of Rcj^i'i'sentativei^^ Txcsdai/^ June 6", 1790. — The House was informed by message that the Senate disagreed to the resolution of the House of the 31st of May, "That Congress sliall m(>et and liold their next session at the city of IMiiladelphia.'' 77n(rsdai/^ Ji/zw JO, 1790. — The House agreed, by a vote of 32 to 2!), to take up a motion which had been laid on the table, as follows: Ri'Kohrd, That when the two Houses shall adjourn to close thi' present session, the I'resident of the Senate ami Speaker of the lloust> of Representatives do adjourn their respective Houses to meet and iiold their next session in the city of I'hila- delphia. The motion being read, the Housi^ i-id'used to commit it to a Com- mittee of the A\' hole— 33 to 28. J^ridiiy, JiDic 11,1790. — A motion to substitute " Iialtimore" for "Philadelphia." was carried .'U to 2.S. The resolution, so amended, was then agreed to — 53 to 6, the noes being Messrs. Fitzsimons, of Pennsylvania; Ciilman, of Massachusetts; Schureman, of New Jersey; Tucker, of South Carolina; ^^'illiams()n, of North Carolina, and Wynkoop, of Pennsylvania. In the Senate — Monday, June 28, 1790. — The Senate proceeded to the consideration of the resolve of the House of llepresentatives of the 11th of fJunc (to adjourn to Baltimore), which was postponed to take up the bill to determine "the permanent seat," etc. GOVERNMENT OF THE BTSTllIOT OF COLUMmA. 69 On inolion: Oi'defed., Tliiit tlio coiisidonition of llic hill he poNtponcd, and that the reprcstMitation of ,I()liii O'Donni'll, in l)ehalt' of hiinsolt' and othoi-s, citizens of Haltiinorc town, statinj^" that town to be excccdinj>"ly com- modious and elio-il)le foi- the peinuinent scat of j»-ovevnment of the Uniti^d States, and the i-e])resentation of Robert IVtcM' in bcdialf of himself and others, iidiabitanls of (ii>orj4"etown, for the same; ])ur|)ose, be severally read. The consideration of llu^ hill was resumed, and the first cnactino- clause read, as follows: />'(' // tiKK-U'd, eh-., 'Pliiit :i diHtru't of territory, not exceedhij>; 10 s(iiiiiro niiU'S, to In; loaitcd us hereafter (lircclcd, at lu', and the same is herel)y, accepted as the IH'iniancnt scat of ("Congress and the (iovernnient of tlie United States. A motion to (ill (he blank with the word '' Baltimore" was lost — 15 to 10. On motion, after the woid '•directed,'" in the fifth line of the ))ill, to strike out to the end of the clause, and insert — on the river I'otoniac, at some place lu>t\veen the moutlis of the lOastern I'rancli and Connoyochegne, he, and the same is lierehy, acceptetl, for the permanent seat of tlie Government of tiie United States: Pronded, veirrthcletiti, That the 0])eration of the laws of the State within sin'li district shall not he affected r)y this acceptance, nntil tin- lime lixed for the removal of the Oovcrnment thereto, and nntil Congress shall otherwise hy law provide. It j)assed in the aflirmative, Hi to 9. On juotion tiiat th(> bill be amended as follows: After the word "autiiori/ed," in the second clanse, strike ont lo tlie end of the said clanse and insert, "to appoint, and hy snpplying vacancies liappening from refnsals to act, or otiier eanses, to keep in ai)]K)intment, as long as may he necessary, three commissiiiners, w ho, or any two of whom, shall, under the direction oi the President, and hy pro])er metes and hounds, deline and limit a district or territory, under tlie limitations above mentioned; and the district so defined, limited, and located shall he deemed the district acceptcil l)y this act for the permanent seat of the Government of the United States." The motion was ao-recd to without a division. On motion to subjoin to the amendment last ao-reed to. as follows: And he it enacted. That the said commissioners, or any two of them, shall have ]tower to purchase or accept such (|uaiitity of land on tlii' eastern side. of the said liver, within the said district, as the I'ri'sident shall deem proper for the use of the United States, and according to such plans as tlie President shall approve, the said conimissit)ners, or any two f)f them, shall, prior to the first IMonday in December in the year 1800, ]n-ovi(U' suitahle huildings for the accommodation of Congress and of tlie I'resident, antl for the puhlic- ollices of the Government of the I'liited States. A motion was made to amend the amendment so as that it should read, '* prior to the first Monday of December, 1791;'' which motion Wiis lost — 16 to 9. A motion was then made io amend the proposed amendment so as 70 GOVEENMENT OF THE DISTEICT OF COLUMBIA. that it shovild read, ''prior to the lirst Monda}^ in December, 1798;" which was also lost. And on motion to agree to the proposed amendment to the bill, it passed in the negative — 17 to 8. A motion prevailed (15 to 10) to strike out the third, fourth, and fifth enacting clauses in the bill and insert the following: And be it enacted, That for defraying tlie expense of sucli j)nr(hases and l)nildings the President of til e United States be authorized and requested to accept grants of money, and cause to be borro\\'ed a sum not exceeding one hune defrayed out of the chities on imposts and tonnage, of which a sufficient sum is liere])y aiipropriated. It was carried — 13 to 12. On motion to fill the first blank in the last paragraph of the bill, viz: And Jie it fiirtJier eiKicted tnj tJie nitthurili/ nfnri.^did, That the temporary residence of Congress shall be and continue in the till the year , and no longer— with the words " city of New York,'' it passed in the affirmative — 13 to 13. Tuesday, JaneiiO, 1700. — A motion to fill the blaidv in the last para- graph of the bill with the Avords '*one thousand eiglit hundred'' was carried — 13 to 12. A motion to agree to the last clause of the bill, aniciuled to read as follows : Be it enacted, etc. That the temporary residence of Congress shall l>e and continue in the city of New York till the year 1800, and no longer.^ It passed in the negative — 16 to 0. A motion was made to su])ioin tho following paragraph to the bill in lieu of that last struck out, to wit: And tie it' enacted, That prior to the first Monday in December next, all offices attached to the seat of Government of the United States, shall be removed to, and until the first INIonday in December, in the year 1800, shall remain at, the city of Philadelphia, in the State of Pennsylvania; at which place the two Houses do hereby resolve that the session of Congress next ensuing the present shall be held. A motion was made to amend the motion, as follows: And be it enacted, That Congress shall continue to liold their sessions in the city of New York until the first Monday in December, 1794; and from and after the said first Monday of December, 1794, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday in December, 1800. I GOVERNMENT OF THE DISTRICT OF COLUMBIA. 71 This last motion was negatived l)y the casting ^•ote of the Vice- President, the Senate being divided — 13 to 13. A similar motion in regard to New York and Baltimore was nega- tived— 16 to 10. A similar motion to continue to sit at New York until the tirst Mon- day in December, 1792, and afterwards at Philadelphia until the first Monda}' in December, 1800, was decided in the negative by the casting vote of the Vice-President. The original motion, foi- removing the pu])lic ofiices to the Federal District before the first Monda}^ in December, 1800, and to remove to and continue in Philadelphia until that time, was negatived by the cast- ing vote of the Vice-President, the Senate being divided — 13 to 13, viz: Yeas: Bassett, Carroll, Elmer, Gunn. Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate — 13. Nays: But- ler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, I/ard. King, Paterson, Schuyler, Stanton, and Strong — ]3. A motion that the bill pass to a third reading- was superseded ])y a motion to adjourn, which was carried. Wednesday, June 30^ 1790. — The Senate agreed to reconsider the last paragraph in the bill, which was j^esterday struck out; and On motion to amend the paragraph to read as follows: And he it enacted, That prior to the first Monday in Decern] )er next all offices attached to the seat of the Government of the United States shall he removed to and, until the said first Monday in December in the year 1800, 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. A motion was made to amend the motion to read as follows: And be it enacted, That Congress shall continue to hold their sessions in the city of New York until the first Monday in December, 1794, and from and after the said first INIonday of December, 1794, Congress shall hold tlieir sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday of December, ISOO. This motion was lost without a division. A similar motion to amend, sid)stituting 1792 for iTlM, was also lost without a division. The original motion was then carried, 1-1 to 12, Mr. Butler having g'one over. The Senate also agreed to reconsider and strike out the following- clause, which had been agreed to 3"esterday: and cause to be borrowed a sum not exceeding one hundred thousand dollars at an interest not exceeding six per cent, for payment of which, and repayment of the principal within twenty years, so much of the duties on imposts and tonnage as may be sufficient is hereby pledged and appropriated. Yeas, 10; nays, 7. The ])ill was then ordered to a third reading, 16 to 10, viz: Ayes: Bassett, Ikitler, Carroll, Elmer, Few, Gunn, Hawkins, Henry, 72 governmp:nt of the district of Columbia, Johnston, Langdon, Lee, Maclay, Morris, liead, AYalker, and Win gate, 16. Noes: Dalton, Ellsworth, Foster, Johnson, Izard, King, Peterson, Schuyler, Stanton, and Strong, 10. Thursday^ July 7, 1700. — On the third reading of the bill, a motion was lost to strike out these words in the first enacting clause, ""between the mouths of the Eastern Branch and Connococheaciue,'' and insert "within thirty miles of Hancock Town." A motion to substitute the first Mondaj' in May, 1T1>1, for the first Monday in Deceml)er, 1790, as the time for the removal of the pul)lic offices to Philadelphia, was lost by the casting vote of the Vice-Presi- dent, the Senate being divided, 13 to 18. A motion to restore the clause authorizing the President to borrow one hundred thousand dollars was lost without a division. The bill was then passed — 1-1 to 12. Mr. Few and Mr. AVingate, who voted in faxor of the third reading, voted against the passage of the bill. The other votes were the sami^ as on ordering the bill to a third reading. The title of the hill was ordered to he ''An act for establishing the temporary and permanent seat of the Government of the United States." In the, Ho^ise of Rep7'esentatives^ Friday^ July '2, 1790. — The l)ill was brought in from the Senate and had its first and second reading and conmiitted to a conmiittee of the whole House, Tuesday. July 6'. 1700. — In Committee of the Whole Mr. Sherman moved to strike out of the first clause the words "on the river Poto- mac," etc., iuid insert a clause which should include the town of Baltimore. Mr. Burke, of South Carolina, in debate, si)eaking of the removal of Congress from New York to Philadelphia, said: It is calculated to ariv^^t tlio fiiudinij; systi'in and to tlimw t'vi-rvthintr into con- fusion. * * * If til,. l,i|] is jiasscd in its jirt'sent form Contrress will never leave Philadehiliia. He spoke in handsome terms of Pennsylvania, but he was afraid of its influence, and it was the last State in which he would ever consent that the permanent seat of Government shoitld be. He then adverted to the iniiuence of the members from that State, who by their political management had, he said, raised a storm in the United States. He objected to Philadelphia also on account of there being no gallery in the House proposed for the accommodation of Congress. An open gallery he considered as a very important check to the legislature. Mr. Lawrence, among other topics, adverted to the funding busi- ness and other important matters which remain to he decided on, and ver}" strongly intimated that these ill not to put it in hazard by consenting to any amendment. Mr. Gerry regretted that the sul)ject had l)een 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 temporar}' residence of Congress, and on this engagement the}' came into an unconditional adoption of the Constitution. Mr. Vining, of Delaware, said: We are sent here to do the pubUc business, and I trust that our constituents have not sent men that are to be deterred from doing their duty l)y such insicHous 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, 775^.— 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 1)0 removed. 74 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Mr. Sherman's motion to sulistitute Baltimore for the Potomac was negatived — 37 to 23, Mr. Burke then made the followinu- motion: That the seat of o-ov- ernment should remain in New York two years from last May; and from the expiration of that time to the 3^ear ISOO, that the seat of govern- ment should remain in Philadelphia. This resolution was laid on the table. Mr. Sedgwick, of Massachusetts, moved to substitute ^" Delaware" for "Potomac." Negatived without debate. Mr. Seney moved that the permajient residence should be fixed between the Potomac and the Susquehanna. Negativc^l 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 l)y Mr. Smith, of Maryland, to insert the word '• locate," was also lost; as was also a motion made t>v Mr. Lawrence, of New York, to substitute 1795 for 1800. Tuesday, July }' adding the following, viz: Provided nevertheless, That whenever the President of the United States shall receive authentic information that the pul)lic buildings aforesaid are so far completed as to be fit for the reception of both Houses of Congress all otlices attached to the seat of government shall be removed thereto, anything herein contained to the contrary notwithstanding. Negatived, iS to 13. The bill was then passed, without amendment — ayes, 32; noes, 29. Ayes — Ashe, Baldwin, Bloodworth, Brown, (yadwalader, Carroll, Clymer, (.oles, Contee, Fitzsimons, Gale, Griffin, Hartly, Heister, Jackson, Lee, Madison, Matthews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumter, Vining, White, Wil- liamson, Wynkoop — 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, Trumbidl, Tucker, Wadsworth— 29. The bill was approved by the President on the 16th of July, 1790. Monday, 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, Wednesday, April 16, 1800. — Messrs. H. Lee, Craik, Evans, Dennis, and Marshall were appointed a conuulttee to prepare and report a system of rules and regulations respecting the Territory of Columbia. This committee did not report. 76 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Senate., Thursday., April 17\ ISOO. — The bill ""to make further pro- visions," etc., was passed by the Senate with amendments — 18 to 10. Yeas — Anderson, Baldwin, Bloodworth, Chipman, Cocke, Dexter, Foster, Franklin, Greene, Gunn, Langdon, Lloyd, Marshall, Mason, Nicholas, Finkney, Read, and Tracy — 18. Noes — Bingham, Brown, Goodhue, Hillhouso, Latimore, Lawrence, Livermore, Ross, Schureman, and Wells — 10. The House agreed to the amendment, and the bill was 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 i)roba])le situation of tlie territory for the happiness of which you are al)out to provide. You will consider it as the capital of a great nation, advancing with imexanqiled rapidity in arts, in commerce, in wealth, and in population, and jjossessing within itself those energies which, if not thrown away or lamentably misdirected, will secuie to it a long (■t)urse of prosperity and self-government. The House of Representatives, in their answer to the speech, say: Tlie 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 jjolitical transactions of our country. A consideration of those powers which have been vested in Congress over the District of Columbia will not escape oifr 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 Coluuibia, Mr. Harper (in repl}" to an obser- vation that the people of the District had continued for one hundred 3^ears 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 iDrovision 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 77 power to insure to itself respect. While the government was under the guardianship 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 l^rotection. 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, P'.vans, Craik, Bird, Silas Lee, Chauncey Goodrich, and Dennis. This committee did not report upon that l)ill, it having- been super- seded bj^ a bill with the same title, which originated in the Senate and which was lirought to the House on the 5tli of February, 1801, and committed to a committee of the whole House, where it was amended and passed, with the amendment, by the House, on the 23d, and returned to the Senate, who agreed to the amendments on the 2()th; and the bill was signed by the President on the 2Tth. Notwithstanding the seat of (Tovernment 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 Feln'uary, 1803, in the House of Representatives, l)y 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. Eesolred, That it is exi^edient for Congress to recede to the State of Maryland the jurisdiction of that [lart 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 reasons urged in favor of these resolutions were — 1. That exclusive jurisdiction is not necessar}'^ nor useful to the Government. 2. That it deprives the inhabitants of the District of their political rights. 3. That nuich of the time of Congress was consumed in legislating for the District. 4. That the government of the District is expensive. .5. The incompetency of Congress to legislate for the District, because the members are strangers to its local concerns. (). 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 gf Congress accepting the cession 78 GOVERNMENT OF THE DISTRICT OF COLUMBIA. all contemplate the exercise of exclusive legislation by Congress; and its usefnlness, if not its necessit}", is inferred from the inconvenience which was felt by 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 maybe remedied ])y giving them a represent-ation in Congress when the District shall l)ecome sufficiently populous, and in the mean- time a local legislature. If they have not political rights, they 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 Consfress can not recede the inhabitants without their consent. 6. If the District should be receded, there would l)e 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 coidd not be dissolved but by the consent of all the parties. After two days' debate the committee, on tlie Uth of February, reported their disagreement to the resolutions, and the House con- curred in the report — GO to 26. Notwithstanding this decided rejection of these resolutions, they were renewed at the next session by Mr. Dawson, in the House, on the 17^h of March, 1804. The cit}- of AVashington, however, was excepted from their operation. On the same day Mr. AV right, in the Senate, ]>r()ught in a l>ill for the temporary removal of the pid^lic offices to Baltimore, and for the session of Congress at that place. Mr. Dawson's resolutions were referred to a conmiittee 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 Monday in December, i. e. , rejected by a large majority, and without debate. In the Senate, on jNIonday, the 10th of March, Mr. AV right himself moved that the further consideration of the bill which he had intro- duced on the 17th 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. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 79 Gen. James Jackson, of Georgia, in repl}', denied the right of Con- gress to remove the seat of government, whicli had been fixed under the provisions of the Constitution, lie 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. Tliat Congress could not remove without a violation of the Constitution, and of the pu])lic 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 before them. ]VIr. .Vnderson, 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 scat of the Government was fixed luider 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 he to prostrate the national faith and to shako the confidence of the nation in the Government. The question of postponement was then taken and decided in the negative, 24 to 3. Mr. Dayton, of New Jersey, said that he had been instructed l)y the legislature of New Jersey, in case an}" prospect presented itself of a removal of the seat of Govei'nment, to offer in their name the public buildino-8 in Trenton for their accommodation. He therefore g'ave 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 puUic mind whenever the question was discussed, the Constitution had wisely provided for the estal)lishment of a permanent seat, vesting in Congress exclusive legis- lation over it. He admitted that there might l)e 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 safety 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. On the motion of Mr. Maelay, of Pennsylvania, the words " Balti- more '' and " Maryland "" were stricken out of the first section, and after further arg-ument the bill was negatived, 19 to 9. On Wednesday, the 12th of February, 1S(>6, Mr. Sniilie, 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 Sth 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, lijit were never afterwards considered. On Monda}^ the 2r>th of September, 1814, immediately after the burning of the Capitol and public offices l)y 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 tlie expediency of remov- ing the seat of Government (hiring the present session of Congress to a])lace of greater security and less inconvenience than the city of Wasliington, with leave to report by bill or otherwise. This resolution was agreed to — 72 to 51. On Monday, Octo])er 3, the committee n^ported 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,'' ]>v the casting vot(> of the Speaker (Mr. Cheves), the House being divided — i^S to (58. 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 Connuittee of the Whole House and made the order of the da}" for tlie Irth of October, when a motion l)y Mr. Newton of Virginia to postpone the subject indefinitely was lost — 77 to 01; and on the ()th the resolution, as amended, was agreed to — 72 to 71, and a committee was appointed to bring in a bill accordingly, Avho reported on the 13th. On the 15th the ])ill was rejected — 83 to 74. If the vote liad been taken by States, Dtdaware and all the vStates east of Delawai'e woidd 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 Avas maintained for several da^^s 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, Mr. Bowen, Mr. Ingersoll, and Mr. Fisk of York in favor of it. This debate, with the exception of Mr. Pearson's speech, has not V)cen published. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 81 The la.st piopo.sitiou which has been iinidc 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 sulijected by the present mode of government in said District; and. Whereas it is desiral)le 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 IMaryland and Vir- ginia, respectively, all such portions of the territory of said district, not included within the limits of the city (if 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 Tteiyresentatwes of the United States of America in Congress assembled ^ 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 by this acceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide. Sec. 2. Aijd he it further enacted. That the President of the United States be authorized to appoint, and by supplying- vacancies happening from refusals to aot or other causes, to keep in appointment as long as ma}^ be necessary, three commissioners, who, or any two of whom, shall, under the direction of the President, survey, and by 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 tlie district accepted by this act for the per- manent seat of the government of the United States. Sec. 3. A7id he it {further) enacted, That the said connnissioners, 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 Mondaj^ in December, in the year one thousand eight hundred, provide suitable 14218—03 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. A)id he !t {_f>f/'ther) 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 l>e it {further) enacted, That prior to the first Monday in Decemlier next, all offices attached to the seat of the government of the United States, shall ))e removed to, and until the s^aid first Monday in December, in the yQxiv one thousand eight hundred, shall remain at the city of Philadel})hia, in the State of Pennsylvania, at which place the session of Congress next ensuing the present shall 1)0 held. Sec. 6. And he It {furthci') oxu-trd^ 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, ])v 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 tlu^ duties on imposts and tonnage, of which a suffi- cient sum is h(M-ol>y appropriated. Approved, July K'., 1T:»(). (1 Stats., 130.) Appendix 8. AN ACT to cede to ("on<,rress a district of 10 miles wjiiare in this State (Maryland) for the seat of the Government of tlie United States. Approved December 23, 1788. ' Be it cndctcd tnj tJie Generat Axxi nd>l ij <>f Maryland^ That the rep- resentatives of this State in th(> lIous(> of Representatives of the Congress of the United States, appointed to assemble tit New York on the first Wednesday of jNIarch 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 diffused 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, throuo-h the Chesapeake Bay, a.s to the most direct and ready comnmnication 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 salul)rious 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 Pennsylvania. Maryland, and Virginia may participate in such location: 2. Be it therefore enacted hy tJie general asset id)hj^ That a ti'act of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of this State, and in any pai't thereof as Con- gress may by 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 tenor and effect of the eighth section of the first article of the Constitution of the Government of the United States. III. Proiuded^ That nothing herein contained shall l)e 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 ma}" be transferred by such individuals to the United States. IV. And provided also^ That 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 b}^ 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 assembly 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 money 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 Patowmac k; and whereas Congress hav^e passed an act for establishmg the said seat of government on the Patowmack — ''''Be it enacted hy the general assembly (of Virginia), That 120,000 dollars shall be advanced l)v this Commonwealth to the General Gov- 84 GOVERNMENT OF THE DISTRICT OF COLUMBIA. ernment, payable in three equal 3"early payments, and to be applied toward erecting public buildings at tlie permanent seat of government of the United States on the banks of the Patowmack, and the auditor of pul)lic accounts is hereb}' directed to issue his warrants on the treasurer to the amount of 120,0(»0 dollars, payable in the manner here- inbefore directed, to the order of the President of the United States." Passed December 27, 1790. Appendix 6. [seal.] Geor(4E Washington, Freddent of the United States. To all who shall see these presents, gi'eeting: Know ye, that reposing special trust and contidence 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 ])y the said act for the permanent seat of the Govern- ment of the United States, and 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, i)rivileges, and authorities to the same of right appertaining each of them, during the pleasure of the President of the United States for the time beinfif. 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. B}^ the President: Thomas Jefferson. Appendix 7. AN ACT to anieiid "An act for establishing the temporary and permanent seat of the Government of the United States." Be it enacted hy the Senate and House of Representatives of the United States ef America in Congress assonhled, 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 territoiy, not exceeding ten miles square, to be GOVERNMENT OF THE DISTRICT OF COLUMBIA. 85 located on the river Potomac, for the permanent seat of the govern- ment of the United States, shall be located abovx the mouth of the Eastern Branch, be and is hereby repealed, and that it shall ])e lawful for the President to make any part of the territory below the said limit, and al)Ove 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 h'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 b}^ the aforesaid act. Approved March 3, 1T91. (1 Stats., 214.) Appendix 8. On March 28, 1791, President Washington reached Georgetown, and on the 21)th he rode over the proposed site of the Federal city, in company with the three Commissioners and the two surve3^ors, Andrew EUicott 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 l)y nineteen property holders the next day, and thereb}^ the rights of and titles to property within this District and city may V)e said to have been decided on that evening. This agreement, which was accepted by 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 be 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, 8G GOVEKNMENT OF THE DISTRICT OF COLUMBIA. and the wiiiie shall he fairly and e(]ually divided hetween the jmblic and the iudi- vidiialy, as soon as may he, tlie eity sliall he laid off. lAir the streets the i>r(>i)riet(»rs shall receive im compensation; hut for the sijuares or hinds in any form, which shall lie taken for |)iihlic hiiildiiiurs, or any kind of pub- lic ini})rovements or uses, the j)roprietors whose lands shall be taken shall receive at the rate of 25 pounds per acre, to b(» i)aid by the public. The whole wood on tlie lauds shall be the property of the proprietors, and should any 1)e desired by the President to be reserved or U'ft standing-, the same shall be paid for by the jiublic at a just and reasonable valuation, exclusive of the £'2b per acre to be paid for the laml on which the same shall remain. Each proprietor shall retain the full possession antl use of his land until the same shall he sold and occupied by the ])urchase 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 imi)rovements and graveyards, pay- ing to the public only one-half the present estimated value of the Ianeale, making an exception of the land lie sold A. C. Young not yet conveyed. AVitness to all subscribers, including Wm. Young. Wm. Bailey. Wm. Korertson. John Luter. Sam. Davidson (witness to Abraham Young signing). Benjamin Stoddert (witness to Pierce's signing). JosEJ'H E. Kowles (for. 1 no. Warring). Wm. Deaking, Jr. (for Wul Prout and Wm. King). GOVERNMENT OF THE DISTRICT OF COLUMBIA. 87 Appendix 0. Whereas, by proeUiniation bearino- date tlie ^4th day of Jan., of this present year, and in pursuance of certain acts of the States of Mary- land and Vii'<4inia and the 0)ngress 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, l)y an amendiitory act, passed on the od day of this present month of March, have given further authority to the President of the United States '^ to make any part of the said territory heloiv the said lim.it and above the mouth of Tlxnting Creeh a jjart of said district, so as to include a convenient part (f the Eastern Branchy and of tJie 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 territory 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 tirst 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- Avith 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 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 affixed 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 DISTRICT OF COLUMBIA. Appendix 10. Ill pursuance of the act of Kith of July, 17H0, three commissioners were appointed, who proceeded to locate the district of lo miles square agreeabl}^ to the following' proclamation of the President: By the President of the United States of America. A PROCLAMATION. Whereas the general asseml)ly of the State of Marjdand, by an act passed on the 23d day of December, 1788, entitled, ''An act to cede to Congress a district of ten miles s(|uare 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 assembh> at New York on the first Wednesday of Marcli then next ensuing, should be, and they were thereb}", 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 mihvs square, which the Congress might fix upon and accept for the seat of Government of the United States. And the general assembly of the Commonwealth of Virginia, by an act passed on the 8d day of Decend)er, 1T85>, and entitled "An act for the cession of ten miles square, or any lesser quantity of territor}^ within this State, to the I'nited States in Congress assembled, for the permanent scat of the General Government. "" did enact, that a tract of country not exceeding t(Mi s([uare mili>s, or any lesser quantity, to be located within the limits of the said State, and in any part thereof, as Congress might by law direct, should ]»e 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 ett'ect of the (Mghth section of the tirst article of the Constitution of Government of the United States: And the Congress of the United States, by their act passed the 16th da}' of Jul}', 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 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. 89 Now, therefore, in pursuance of the powers to me confided, and after (hdy examining- and weighing- the advantages and disadvantages of the several situations within the limits aforesaid, 1 do hereby declare and make known tliat 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 Iliuiting- 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, duo northeast ten miles; thence the third line due southeast ten miles; and thence the fourth line due southwest ten miles, to the begiiming 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 rim from the point of land forming- the Upper Cape of the mouth of the P^astern Branch due southwest, and no more, is now fixed upon, and directed to be surveyed, defined, liiuited, 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, the 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 whereof I have caused the seal of the United States to be aflixed to these presents, and signed the same with my hand. Done at the city of Philadelphia the 24th day of Januar}^, in the year of our Lord 1791, and of the Independence of the United States the fifteenth, George Washington. By the President: Thomas Jefferson. 90 GOVEKNMENT OF THE DISTEICT OF COLUMBIA.* Appendix 10a. By the President op the United States. A PROCLAMATION. Whereas by a proclamation bearing date the ^4th 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 ))e 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. ])y an amendatory act passed on the 3d da}" 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: Begiiming at Jones' I'oint, 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 lirst line; then beginning again at the same flones' Point, and running another direct line at a right angle with the tirst across the Potomac ten miles for the second line; then from the terminations of the said iirst 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 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 bounds detined and limited, and thereof to make due report under their hands and seals; and the territory so to be located, detined, and limited shall be the whole territory accepted Ijy 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 I have caused the seal of the Ignited States to be aiiixed to these presents, and signed th(^ same with my hand. Done at George-Town aforesaid, the 30th day of Marcii, in the year of our Lord 1791, and of the Independence of the United States the fifteenth. Georgp: Washington. By the President: Thomas Jefferson. Appendix 11. On or about the 29th of June, 1791, nineteen original proprietors of le greater parts of the hinds which now constitute the city of Wash- gton conveyed them in trust, by deeds in tlie following form, viz: th_„ ^ ington conveyed the [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 29th da}' of June, in the 3^ear of our Lord one thousand seven hundred and ninet^^-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. Gaiitt, 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 hereby acknowledge, and thereof doth acquit the said Thomas Beall, of George, and flohn 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 efohn M. Gantt, and the survivor of them, and the heirs of such survivor, according to the true intent and meaning thereof, hath granted, l)argained, 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 Creek, 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 lieedv Branch of Goose Creek; thence southeasterly, making an angle of 61 degrees and tw'cnt}" 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 alread}' 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; thence by and with the waters of the Eastern Branch, Potomac River, and Rock Creelc to the l)ooinnino-, 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 CVirroUs- burg or Hamburg; to have and to hold the hereby bargained 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 surviV'Or 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 th(} said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survi\'or shall convey to the Commissioners for the time being, appointed by virtue of the act of Congress entitled "An act for estaldishing 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 stjuares, parcels, and lots as the President shall deem proper, for 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 otf ajid divided, that a fair and equal division of them shall be made. And if no other mode of di^ ision shall be agreed on by consent of the said (the grantor) and the Commis- sioners for the time Ix-ing, 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, he 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 iirst place be applied to the payment 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 twent3^-five pounds per acre, being so paid, or in any other manner satisfied, that then the produce of the same sale, or what thereof ma}" 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 conveyance 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, by 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 l)e 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 b}^ 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 conyeniently 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 any, on the hereby 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 graveyards, to be applied as aforesaid, and the same shall thereupon be convej^ed 94 GOVERNMENT OF THE DISTRICT OF COLUMBIA. to the said (the grantor), his heirs or assigns, with his lots. But if the arrangements of the streets, hits, and the like will not convcnientl}' admit of such retention, and it shall become neces- sary to remoA'e 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 Ignited States are to be paid for. And be- cause it may so happen that l)v 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 ]\1. (Jantt, or either of them, or the heirs of an}" 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 tiie 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 re(]uired by the President of the United States for the time ]>eing, join in and execute any further deed or deeds for carrying into etfect 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 lirst 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, l)v an act of the legislature of Maryland, passed on or about the 19th of December, 1701, vested in the same trustees, and subjected to the same trusts. Appendix 12. Georgetown, Septemher 9, 1791. Sir: We have agreed that the Federal District shall be called ''The Territory of Columbia," and the Federal City the ''city 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 DISTEICT OF COLUMBIA. 95 We have also ao^reed that the streets be named alphabetical!}^ one way and numerically 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 sounding-s of the Eastern Brunch, to be inserted in the map. We expect he will also furnish you with the proposed post road, which we wish to be noticed in the map. We are, respectful!}^, 3^ours, Thomas Johnson. Dami) Stuart. Daniel Carroll. To Major L'Enfant. Appendix 13. act of maryland ratifying the cession. AN ACT Concerning tlie Territory of Coluinl)ia 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 Territoiy of Cohunbia; and. Whereas Notley Young, Daniel Carroll, of Duddington, and many 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, whereb}^ 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 GOVERNMENT OF THE DISTEICT OF COLUMBIA. the proprietors of lots in Carrollsburg- and Hriraburg have also c-ome into an agreement, sul)jecting 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 they 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 l)etween the Commissioners and them, and in case of disa- greement, that then a just and full compensation shal\ be made in money; yet some of the proprietors in Carrolls])urg and Hamburg, as well as some of the proprietors of other lands, have not, from imbecil- ity and other causes, come into an}' agreement concerning their lands within the limits hereinafter mentioned, Init 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 Reed}" Branch of Goose Creek; thence southeasterly, 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 ninet}" 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 greatly enhanced the value of the whole; that an incontrovertilile title ought to be made to the purchasers, under public sanction; that allowing foreigners to hold land within the said territory will greatly contril)ute to the improve- ment and population thereof; and that many temporary provisions will be necessaiy till Congress exercise the jurisdiction and govern- ment over the said territory; and \Miereas in the cession of this State, heretofore made, of territory for the Government of the United vStates, 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 ly the General AssemlJy 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 al)solute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to GOVEKJS^MENT OF THE DISTKICT OF COLUMBIA. 97 the tenor and etifect 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 provided, a 1 1<()^ 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, ])y law, ]:)rovide 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 al>sent out of the State, married women, or persons non compos men- tis, or the lands the pro]3erty of this State, within the limits of Car- rollsburg and Hamburg, shall l)e and are hereb}^ subjected to the terms and conditions hereinbefore recited, as to the lots where the proprie- tors thereof lia\'e 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 Notley Young, Daniel Carroll, of Duddington, and others, have, b}- their said agreements and deeds,' subjected their lands to, and where no conveyances have been made, the legal estate and trust arc 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 conve3'ance of his or her land, according to the form of those alread}^ mentioned, with proper acknowledgments 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 Marvland Herald, and in the Georoe- town and Alexandria papers, so that allotment can not take place by agreement, the commissioners, aforesaid, or any two of them, may allot or assign the portion or share of such pipprietor as near the old situ- ation as may be, in Carrollsburg and Hamburg, and to the full value of what the partv might claim under the terms before recited; and as to the other lands within the said city, 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 by lot or ballot, whether the party shall begin with the lowest number: PTOvided, 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 mti}^ 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 1424S— u;3 7 98 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 aoreement, or pursuant to this act without consent, shall hold the same m then- former estate and interest, and in lieu of their former .piantity, and subject in every respect to all such limitations, conditions, and incum- brances as theiV former estate and interest, and in licni of their former quantity, and subject in every respect to all such limitations, condi- tions, iiicumbranccs as their former estates and interests were subject to, and as if the sanu- had ])een actually reconveyed pursuant to the said deed in trust. 4 bid hr if ,nuiririK That where the proprietor or proi)rietors, pos- sessor or possessors, of any lands within the lin.its of the city of Washino-ton, or within the limits of Carrollsburg or Hamburg, who have not already, or who shall not, within tliree months bt this act, execute deeds in trust to the aforesaid Thomas Rcall and John M. Gantt, of all their laud within the limits of the said city of Washing- ton and on the terms and conditions mentioned in the deeds already executed bv Notlev Young and others, and execute deeds ui trust to the said Thomas Heall and John ^\. (^antt of all their lots in the towns of CarroUsburg and Hamburg on tlu^ same tvrms and condi- tions contained in the deeds already executed by the greater part ot the proprietors of h.ts in tlie said towns, the said c-onnnissionei^, or any two of them, shall and may, at any time or times thereafter, issue a process, directed to the sherid of Prince Georges County com- mandinu- him. in the name of the State, to summon five good substan- tial freSiolders, who are not of kin to any proprietor or proprietors of the lands aforesaid, and who are not proprietors themselves, to meet on a ( if tinicti'd^ That acknowledgments of deeds made beforea person in the manner and certified as the laws of this State direct, or made hefor(\ and certitied hy, eithei- of the conuiiissioners shall ho effectual; tmd that no deed hereafter to he made, of or for lands within that part of the said territory which lies within this State, shall operate as a legal conv(\vance, noi' shall any \(wr^(^ for more than seven years he etlectual. unless the deed shall ha\"(^ heeii acknowledged as aforesaid. ;uid deli\ei'ed to the said chn-k to he recoi-ded within six calendar months from the datc^ thereof. I). And hr It iiKictcd, That the connnissionei's aforesaid, oi* som(> two of them, shall direct :ni enti'v to be made in the said record hook of every allotment and assignment to th(^ respiM-tive ])i-opi-i(^tors in pur- suance of this act. 10. And for the encourau'cment of mastiM' huildei's to undertake the building' and linishinu- houses within the said cit\' 1)v securing to them a just and eti'ectual remiMly foi- theii' ad\ances and eai'nings, Be it enacted, That for all siuns du(^ and o^ving on written contracts for the building an\' house in the said city, or the brickwork or carpenters' or joiners' work thereon, th(^ undertaker or workmen employed by the person for whose use the house shall he l)uilt shall have a lien on the house and the ground on which the same is erected, as well as for the materials found hy him: Pfneidi'd, The said written contract shall have l)een acknowledged hefore 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 vears 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 DISTKICT OE COLUMBIA. 101 law within the same time he may have execution against the house and land, in whose hands soever the same may be; ])ut this remedy shall be considered as additional only, nor shall, as to the land, take place of any legal incund)rance made prior to the commencement of such claim. 11. And he it enacted^ That the treasurer of the western shore be empowered and re([uirod to pay the seventy-two thousand dollai's ao-reed to be advanced to the President bv resolutions of the last ses- sions of assem])ly, in sums as the same may come to his hands on the appointed funds, witliout waiting for the day appointed for the pay- ment thereof. 12. And he it emirted^ That the CV)nnDissioncrs aforesaid for the time being, or any 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 of wharves in the waters of the Potomac and tiu^ Eastern Branch, adjoining the said city, of the materials, in the manner and of the extent they may judge durable, convenient, and agreeing with the general order; but no license shall be granted to one to build a wharf before th(^ land of another, nor shall any wharf l)e l)uilt in the waters without license as aforesaid; and if any wharf shall ])c 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 laj'ing of ])aHast 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 liuilding 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 ma}' 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 tlu^ 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, That an act of assembly of this State to con- demn lands, if necessar}', for the public buildings of the United States be, and is hereby, repealed. 102 GOVEENMENT OF THE DISTRICT OF COLUMBIA. ArPEND^X 14. AN ACT Appointiiiixthe tinu>;iiul (lirrctiim' tlu- placi' of tlif next nu'etingof Congress. Be it (')iacttd hy the /Seriate (tiid House of Reprexentativcs of the Uivited State!< of Amer/ca in Congre-'i!^ as.s'eri)7)/ed, Tha.! the session of Coi\o-ress next ensuiiiii" tho present shall !>(> lidi! at the city of W'ash- ino'ton. in the District of C\)liinil)ia. and said session shajl connncnce on the third Monday of November, one thousand (Moht hundred. Approved, May lo, isoo. (2 Stats., 85.) ArPENDix 15. JURISDICTION OF TllK UXITKD STATES. In the case of United States /•. dohn llaiiniioiul (('ranch's Circtiit Reports, \-ol. 1. pp. 15 iM)the court hcdd "that Ix^foi'c the ri^-ht of exclusi\-e jurisdiction absolutely vested in tlu> I'nited States, it was necessary, by the act of cession (ol" \'iruinia). and by (he ('iolith section of the lirst article of the Constitution of tln^ United States, that three (>vents only should hap])(Mi: First, that (he cession should be accepted by Cono^ress; second, that it should b(> located and di^tined; and third, that the district so acc(>pt(Hl, locatvHl. and d(>tined should become the seat of o-ovcrnment of tlu^ United States. "All these events had happtMu^l on the first Monday of December, 1800, l)einii' the day a])j)ointcd l)y law for tlu^ r(^moval of the seat of governuKMit. On that day. (licr(d"or(\ all the })r(diminary events hav- ino- happened, the District of Uolund)ia bccannMi\sted in tlie C/On_oTess and (lONernment of tht> Unit( d States, accordinsj;- to the impressive words of the act of cession 'in full and absolute I'ig-ht and exclusive jurisdiction as well of soil as of jxtsohs r(>sidinL;" or to rcsid(> ther(M)n.'''" Appendix 1(3. [Uonso Report No. Ji'J"-". 'rwoiity-uintli ( 'onsri'ss, first session.] liETKOCESSlON OF ALEXAXDUIA TO NTKUINIA. [To iU'eoiiipaiiy H. I\. No. 'JoiX] On February 25, ISli!. Mr. Hunter, fi'om the Uonnnittee for the District of Coluud)ia. made th(^ foUowino- report: The committee to whom \\;is i-cferred the petition of man}- citizens of the town and county of Alexandria for the retrocession of (he por- tion of tln^ District of Uoluml)ia south of the Potomac ha\ e considered the same, and report: GOVERNMENT OF THE DISTRICT OF COLUMIilA. 103 That the}" have come to the conclusion that there is much in the petition to conunend itself to the favor of Congress. The portion of the District of Columbia south of the l\)tt)mac con- stitutes about one-third of its area, and u]) lo this time has not been used for the public buildings or grounds necessary for the seat of g'overnment. The experience of more thtui forty years seems to have demonstrated thiit (he cession of the county and town of Alexandria was imnecessary for any of the purposes of a seat of government, mischievous to the interest of the District at hirge, and especially injurious to the [)eople of that portion ^vhich was ceded by Virginia. One of the gn^at 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 members of the General Government from open violence or lawless intrusions. Your committee can see no reason wliy this object may not be as well secured by confining the District to two-thirds of its present extent as by eml)racing the whole within its area. Within the por- tion of the District on the north sid-,^ of the Potomac Kiver there is much more than space enough for all the public gi'ounds 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 unnecessarv but makes a use- less diversion of its time and attention from the great objects of general legislation to tlu^ discharge of the duties of a petty local legis- lation, for which it is unfitted. In th(^ District itself this luiion of the counties of Washington and Alexandi'ia has l)een the source of much mischief. At the time of the cession of this District, the counties of Washing- ton and Alexandi'ia wovo left under the operation of the laws of the States of Maryland and Virginia, respectively, except so far as they might be altered l»y the subsequent legislation of Congress. Within the limits of the ten miles square we hav(> thus had two people sepa- rated b}' a broad river, and under the operation of ditl'erent codes of laws. It has been so difficult to harmonize the legislation of Congress with these two ditTerent codes, and that l)ody has had so little time to bestow on this work, that but little has been done toward amending their codes, or toward ]>lacing 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 ha\e always produced a degree of sectional feeling, even in this small Disti'ict, which would scarcely have Ixnm expected by those who had not examined into the causes of their dissensions. It would be possible, perhaps, with nmch more time and lal)or than Con- gress will ever have to l)estow on this subject to sut)stitute a general ^ 104 GOVERNMENT OF THE UlSTKICT oF COLUMBIA. code for the different .^^ysteiiLs of law, Imt the diffieulties in the way of this wt)rk would be far oTcat(M- than would attend the amendment of citlun- one of the systems considered separately. Nor is it likely that Cono-rcss will ever have the time to bestowoii work of so much labor. Hut if this werc^ accomplishiHl, there is a still niori^ ptM-manent cause of jealousy subsistiuij;- between the two parties of the District of Cohunbia. All the disbursements o-rowino- out of the location of the seat of o-overnment are made wdthin tht^ county of ^^'ashin^■ton, and of nc>ces- sity must contimic to be so ma(U\ This has been and will continue to b(> a source^ of jealousy and divi- sion between the counties of the District. Had the District submitted to the exclusive Ico-islation of Congress, been conlined to either county, it is probable that Cono-ress would have been able to ha\ e dischari>\d to a far gTeater extent the duties of a local Icoislature. and with a far less expenditure^ of time and money than has becMi wasted on the hith- erto vain attcMupt to attain that object. The present condition of (he laws in the District of Columbia is such as should excite a strono- sym- pathy for its people, and would reflect some discredit on our leo-isla- tion if it were not obvious that the difference in the systems ami the local jealousies of the two counti(^s have interposed dillicvdties which it required move iliuo to surmount than Con^'ress have cvcm' had to bestow upon the subject. The ])eopl(^ of tlu' county and town of Alex- andria have bc(Mi subjected not oidy to their full share of those evils which affect the District generally, but they have enjoyed none of these benefits which serve to mitigate their disachantages in the county of Washington. The advantages which How from the location of the seat of government are almost entirely conlined to the latter county, whose peo])h\ as far as your connuittee are adxised, are entirtdy con- tent to remain under the exclusive legislation of (V)ngi"ess. Hut the people of the county and town of Alexandria, who enjoy few of those advantages, are, as your connnitt(>e believe, justly impa- tient of a state of things which subjects thiMU noi only to all t!ie evils of inethciiMit legislation, I)ut also to political disfi-anchiseinent. To enlarge on the innncMrse \alu(> of the elective franchise would be unnecessary bcd'oi'c an American Congress or in the present state of public oi)inion. The condition of thousands of our fellow-citizens who, without any eciuivalent, if e(iuivalent theri^ could be, are thus denied a vot(5 in the local or general legislation I)y which they are governed, who to a great extent are under the opcM-ation of old English and Virginia statut(\s long since repealed in tlu^ counties whei'e they originated, and ^vhos^> sons are cut off from many of tlu^ most highly valued pri\ileges of life, except upon the condition of leaving the soil of their l)ii'th, 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 dillicult to measure the full GOVERNMENT OF THE UISTKICT OF COLUMBIA. TOT) extent ol' the deprossiiio- ('lloct which these, eiivunistance.s have hud upon the o'l'owth and prosperity of the people of the town and county of Alexandria. Wiien we eonij)an^ their present condition with that which (heir natural advanta^-es would seem to havi> promised, we are constrained to believe that there is somethiiio- iu their political state which must have marred the beneticent desio-u of nature. Upon a full view of all these considerations, your committee are of opinion tiiat the interest of the General Govei-unuMit, of the whole District of Columbia, and particularly of th(> people of the coin\ty and town of Alexandria, would be promotetl by a retrocession of that county to tlu^ State of Viro-inia, whose g-oneral assembly have signilied their asscMd to llu> 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 committet> have examnied, and believe to be entircdy insufficient. This objection rests mainly upon the assumption that the power in relation to the location of the seat of o\)vernment, and tiie extent of the district given in the seven- teenth clause of the eighth section and tirst article of the Constitution, lias been executed and exhausted — a construction not wjirranted, as we believe, by (he his(ory or context of the clause in (pu'stion. nor by (he general spirit of (he instrument iu which it is contained. There is no more reason (o belicn'e that (he })ow(M' in (his 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 nuich 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 triu\ when Congress had once fixed th(^ seat of gov- ermnent it could no move l)e removed, although it should pi'ove to be laisafo from foreign invasion or so unhealthy as to endanger the lives of the memliers of the (TO\'ernment, or so loc;ited as to b(^ inconsist- ent with a due regard to the facilities of access to our whole popula- tion or to their conxcMiience; and yet it is manif(>st 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 f ramers of the Constitution had regarded considerations so manifest and rea- sonal)l(\ (here nuist have been terms so precise and accurate as to have left no doubt of (heir intention to make the act irrevocable wIhmi the power was onc(> exercised. As some proof that the f ramers of the Constitution did not overlook these considerations, we may advert to the fact that Mr. Madison moved to strike out the word "iiermanent" from the act establishino- the seat of p'overnment because the Consti- tution did not contain it. Nor is this the only dilHculty involved by this construction; the same section gives a like power relative to forts 106 GOVERNMENT OF THE DISTRICT OF COLUMBIA. and arsenals. And, contrary to reason and tlic 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 w^ould seem to be that Congress may retain ;nid exercise exclusive jurisdiction over a district not exceeding 10 miles square; and whether those limits may cnhirge or diminish that district, or change the sit(\ upon considerations relating to the seat of g-overnment, and connected with the wants for that purpose; the limitntion upon tluur powcM' in this respect is that they shall not hold more than lo miles s((uare for this purpose; and the end is to attain what is desirable in relation to the seat of government. This construction is consistent w^ith the phrase- ology of the Constitution, with the reasons for granting such a power, and not inconsistent Avith the reserved powtu's of the States. It saves the Government, too, from g-reat 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 1(» miles squar(>; and if this had been found insulHcient, there can be no doul)t l)ut that it might have added as nmch mor(> by cession from a State as was necessary for the ))ui'))oscs 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 doubi bul that they might relinquish the surplus. If it may remove the site of its exclusive legislation from the Potomac to the ]\Iississipi)i it would seem to be clear that they might i-emove that site from tlu^ boundaries of Alex- andria County to the north bank of the Potomac. But, it has !)een asked, ])y what clause of the ( ■onstitution could Congress transfer the disti'ict thus abandoned to the h^gislation of any State; and if there be none, is it not a fatal objection to the construc- tion given by us to the claus(> in dispute — that tlie people of the district thus relincjuishcd would l)e left without any government whatever^ Different minds attending to the system of constitutional construction to which tlu\v inclin(>d hav(^ 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 power 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, by the very terms of the Consti- tution, could only have ceded the right of exclusive legislation to the District while it remained the scat of government. Your committee GOVERNMENT OF THE DISTRICT OB^ COLUMBIA. 107 think there is much of truth in this last opinion. For it is only by this t'onstruction that tlic scat of govcrrunent can he removed by the Federal authorities, without not only 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 c\ (mi those who derive the power from the two sources first named could not maintain that consistently with good faith; w^e 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. I^ut, 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 necessarv in the opinion of some, or (dse acknowledging a right already existing, after the withdrawal of our jurisdiction, in the opinion of others. The grant would ho necessary accoi'ding to the one opinion, and the acknowledgment of light would be salutary even upon the grounds assumed by others. One otlun- 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 l)een maintained that its site could not be removed or changed without the assent of i)oth Virginia and Maryland, except by a l)reach of faith toward these States. It might be replied that this word '* pcn-manent" 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 by the Constitution for wise pur- poses; but in point of fact, the history of the transaction does not sus- tain this view of the contract. Neither Virginia nor Marylaml, 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 OF THE DISTRICT OF COLUMBIA. was a contract between the United States and the States of Vii-ginia and Maryland 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. Tliis is conclusively proved by the fact that each State oHered to cede tlio whole of the 10 miles square, and thus clearly contemplated the case in which the United States and itself might be the oidy parties to the contract. The acts of Virginia and Maryland were passed at difierent times and without the least reference to each other. Upon all these ^iews as to the propriety 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 1)een induced to repoi't a bill, which is respect- fully submitted. MEMORIAL OF THP: C03IMITTEE OF THE TOWN OF ALEXANDRIA FOR RETROCESSION. The committee appointed l)y the common council of Alexandria to attend to the interests of the town before Congress, and especially to urge upon that body the su])j<^ct of retrocession, beg leave respectfully to submit to the honorable chairman and members of the District Committee of the House of Representativ(\s some of the considerations which impel them greatly to desire to r(>turn to tlie State of Virginia, from which, in an wW hour, they were separated. We maintain that / all government (politically considered) but self-government is l)ad, and / that without some radical change, time, instead of making a bad gov- / ernment l)etter, will make it worse; that whatever power is exercised ind(>pendently of the will of the people, ex]ii-essed individually or through their representati\'es, is a despotism. When we remind the committee that we an^ a disfranchised people, deprived of all those political rights and j)ri\i leges so dear to an American citizen', and the-" possession of which is so well calculated to ele\'ate and dignify the human character; that the exclusive jurisdiction which Congress pos- i sesses over us. however wisely and moderately exercised, is a despot- ism, we are almost inclined to say nothing more, as we can not doubt ■^ but that our feelings, under such circumstances, will meet with the ready sym]iathy of every memlier of Congress. Regardless of these evils we should l)e willing to continue in this state of vassalage, and sacrifice ourselves for the good of our country, 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 woidd ho 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 :i(lv;nitiigc wo are a useless and even a burdensome appendai^-e to the General (Tovernnient. The appropriations for the support of the judicial S3\stcni of the District of Columl)ia 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 woiild be greatly diminished, and there would be a consider- able saving in the diminished tmie that Congress would feel it incum- bent on them to bestow on the affairs of the District. Our condition is essentially different from and far worse than that of our neighl)ors 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 mone^y among them, and by daily intercourse and association with the various oiBcers of the (Jov(u-nment, 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 literary 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 say 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 every 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 they existed on the 2Tth of Februar}^, 1801, with some few unimportant changes, are still in force with us. We are j^et 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 abortne, 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 C'ongress to g-ive the time neces- sary 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 man}" cases compelled to resort to the revised code of Virgniia of the last century (now nearly out of print), to the laws of Mar^dand, and acts of Coti- gress, and when we have undergone this laboi- lind 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 muid is thus impeded in 110 GUVEKNMJiNT OF THE DISTKiCT OF COLUMBIA. relation to thehiohestohiects on which il ran be exercised, be expected to prosper — when, too, we arc surrounded by Stat(»s to whose citizens every passino' year brings the fruits of an ini[)r()\cHl judgment and a more intelligent understanding? By decisions of the Supreme Court, the iiduibitants of this District are not constitutionally entitled to many of the cix il rights of citizens of the States, as guaranteed to them merely because their rights are secured to them as being citizens of a State; tuid while an alien, a British su])i(M't, may sue in the Federal courts of the Union, we are denied the })i'i\'ileg(^ In order to obtain this right, indivichial instances have occurred in which our citizens have been compcdled to remove to one of the States. We are deprived of the elective fi'anchisc, a privi- lege so dear and sacrecl that we would present its deprivation in the strony-est lio-ht before vour honorabh^ bodv. Side b\' side with the trial by jui"y and the wi'it of ha))eas corpus niay ])e placed the rights of the ballot l)ox. It is not unworthy of the remark that while the principles of free govermnent are yearly extending with the rapid march of civilization, and thrones and dynasties are yielding to their iniluence, here aloiw in the 10 miles scpiare in and about tlie capital of this great country is there no im])r()\'ement, in) advance in ])opular \rights. A foreigner, on reaching some distant portion of oui- terri- tory, might well expect on a])})roaching the seat of government to (ind its inhabitants enjoying in at least an (Miual degree the fre(^ institutions of the coimtry. In ascertaining oui- ti'ue condition, how uiiaccountablc must it appear that we alone are denied them. However clear ourselves as to the constitutional right of Congress to carry out the measui-e we propose, as some doubts — not, we think, of a serious (;haracter -have been suggested, it is perhaps proper that we should, ad vert 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 lo miles square) as might, b}' the cession of })articular 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 particidar quantity nor prohiljited from accepting any less quantity; and had it thus acted, the reciuirements of the Con- stitution would have been full}' answercnl. 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 G0VE11NME2{T OF THE DiSTlUCT OF COLUMBIA. ill jji'opcr to accc[)l llu; iiiiixiimiiii (iiiantitv jillowcd l)y tlie (!oufstituti()n; atul I he (|U('sli()ii now is, w lietlicr tlicy li:r;(' not tlio cli'ar and undoubted ri<^lit of witlidrawing their jurisdiction from so much thereof as to them may aj)p(':ir umiecessary and useless for the purposes of the ori^'i- nal cession, 'i'lie rit^lit to abandon would seem necessaril}' to follow the right to acquire. Virginia, in her act of cession, passed to the General (Tovernment the exclusive jurisdiction alone of that part of the Distiict of Columbia south of the river ]*otomac. The right of propei'tv in the soil is expressly reserved to the individual proprietors. Has tliis jurisdiction l)ecome so vested that it can not be divested, even ])y the consent of the contracting parties, without an amendment of the Constitution 'i Were this true it would, when carried out, establish that when Congress shall have once undertaken to exercise anv of (he other delegated powers, the right again to exercise such power would be forever extin- guished. Although the jurisdiction over tho Territory of Columl>ia was ceded jointly by the States of Maryland and Virginia, yet the assent of the former can surel}^ not be necessary to authorize th(> (len- eral (JovernnKMit to recede to the State of Virginia the jurisdiction over that j)art of tlie tcM'ritory originally ceded by that State. In [jarting with the jurisdiction over the town and county of Alex- andria, Virginia ap|)ended no condition or limitation in her act of cession other than the protection of the individual rights of the inhab- itants. The oidy im})lied restriction to the control of (-ongress in relinquishing such jurisdiction would be, that the object of the original grant should not be therein' defeated. In this view the (|uestion becomes one of mere expeditMu-y for Congress to determine whether th(; other portion of Columl)ia (to some of which the United States have the absolute right in the soil) would not be amply sutHcient for all the purposes of a seat of government. The absolute power of Congress to dis[)ose of the public lands can not be doubted. An express authority for tiiis may be found in the second section of the third article of the amended Constitution. It provides that — Congress shall have power to dispone of, and make all needful niics and i't;guIations respecting, the territory or (jtlici' property of the United States. From the latter part of the seventeenth section, al)ove referred to, it is evident that the })ower secured to Congress, by giving it exclusixe 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 territory, or jurisdiction over the territory, of Colum])ia. If the title to property be absolute the mode of its acquisition is unimportant. Whether it b(> t)y gift, purchase, or conquest, it is still l)ut a complete tith;. Congress, by a long and uniform series of 112 GOVJCKNMKNT <>K TIIK DISTKU'T (»!<" (X)LUMKIA. I(\o'i.slatioii, litis o-iv(Mi :i pniclical fonstriU'Lioii lo (li:i( j)iirl of llu> (Con- stitution by which it is authorized to dispose of the j)ul>lie i)i-o])erty. l^aiids owned hy the United States ha\'e, reoardl(>ss of the mere man- ner ot" acquisition, been phiced uiuh-r the excbisivc ie^'ishition of Cont^'ress, and appropriated t'oi' the erection of forts, ai'senals, and for other ])ublic uses. When ihcy eease(l to be iicc(\ssary or usid'ul to the Govcrnm(Mit for Ihc objects of tiie orio'inal ai)pro])riation they have been sold and disposed of according' to liie will of ( 'ont^i'css. 'I'he entire ])ower of the (ieneral (Tovei'nmcnl oNcr (he immense body of public domain accpiii'ed by the cession of l''loi'ida and Ijonisiana has nevei" beiMi doubtiMl. and that obtained l)y the recent aimcxation of Texas must occupy a similar footing'. In the exercise of this power pri\ate I'ij^hts ai'c of course I'cspectcHl. if, I hen. ( 'on^L^ress has the power of (lis])osin^' of territory ceded by a toi'cien u()\ crnmeul, can it not rtdinciuisli a jurisdiction ac(|uired from on(i of (he so\'ei'eii>'n Slai(\s of this Uinon^ An abandonment of th(^ rieht of exeJusixH' legislation by Cone-ress has been exhibiled, as the new Stales formed out of |>arts of the Noi'thwcsl Tcrriloi'y (also ceded by Vii'^inia) ha\'e one by one entered Ihc coid'edcracy. If the (Tovernment can not withdraw, or aL;re(> not to exercise, the i-ieh(, of cxclusi\-e le<^'islation oxer a leiwitory because such ri^lil lias become vested and has for a time been legally exercised, it mi^lil place it beyond the reach of Conti'ress. undei- wha(e\er emeri^ency, to ("stab- lish boundaries between our tci'rilory and that of other nations lia\ inL;' conliLi'Uous possessions. The recent location of llie north- eastern bi)undai'v l>y the Ashburloii treaty, with others of a sinular nature, shows that ('onj^ress may, by treaty, waixcand fore\(M' aban- don the rieht of exclusive le»i;'islation, thoueji [)re\iously possessed and exei'cised. Other instanc(\s have occurred in the lee'islation of t'ono-ress of an actual transfer of jurisdiction. (See xol. 1. l^aws l'. S., oTt.) \Ve conceive that the lej'islatui'e of Viro-inia, ])\ its actof cession. \ iiiuallv said to the I'lnted States, You may henc(d"orwfird exercise exclusive Ici^'islation oxer the town and county of iVlexandria, and that Cone-ress, havine- accepted the cession and iindinn" from lony experience- that the exercise of such jurisdiction was wholly uscdess to the ( Jencral (Jo\'ern- ment and i)r()ducti\e of many evils to tlu^ iidiabitants, may well deter- mine, with tlu^ consent of \'ii-i;inia, to restore the power thus o-ranted. In view, then, not only of a sound ct)nsti'uction of the (constitution, butalsoof the i-epeattnl and well-established usaec of t he (lo\ei-tmient, it would seem, at this day, to be far too late to raise any doubts about tlu^ powci- of Couuress to recede to the State of Virginia the jurisdic- tion over that portion of tlie Territory of (^olumbia whic-h lies south of the river l*otomac. GOVEENMKJST OK TJIE DISTKICT OF COLUMI5IA. 118 For tlu'sc reason.s, aiitl lu'licviuo' that the many ^Tievaiiccs to which our peoph^. ai'c suhjcct can only bo rciucdicd by rcti'ocedhio' to the State of Virginia, wo liiinibly petition the adoption of the necessar}^ report and k\s;"islation proper to ofl'ectuato this end. All of which is respectively submitted. Francis L. Smith, RoiiKUT Rl.'OCKKTT, ClIAUI.KS T. Sri ART, C(>})imitit'e of ih<' lo'icn of Alci'diidrla, ^Vl'l'lONDlX IT. ORIGIN OF (;akkollsburg and HAMUUUO. \ 1. The property in C^ari'ollsburu- was subdivided in(o lots, streets, alleys, oti-., about tire latter part of 1770, by virtue and authoi-ity of a A('('i\ of (rust dated (lie 2d day of November, I77t». I'l'om ( 'hai'les Carroll, jr., to Ileniy Rozer, Daniel Carroll, and Notley Youno- (vide Liber A A, No. 2, i'ol. 2'.>0 et seq.). This conveyance authorizes the o-rantees to sid)divido '' Duddinoton Manor" and '"Duddino-lon Pas- ture," containing- in tlu^ aggreo-ate 100 acres of land, more or less, into 208 lots, to sell the same (except lots to bo selected by the gnintor, his heirs or assigns, for his or their own pro])or use), and to draw or cause to bo drawn for by ballot ov lottery. This decnl is recorded on Noveud)er 20, 177". and tlH> j)lat, courses, and distances of the town are also of record in (he Land and Special Record, hnnu'diatel}^ fol- lowing are iiununeral)lo deeds from the abo\'(^ grantees to ditlorent parlies for lots in Carrollsburg, which the deeds recite ha\'ing been di'awn by (ho grant(M\s, respectively, in a lottery of the same. It was a custom apparently in those days to dispose of property by lottery. In my researches of the old records 1 have found se\eral 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^r^tho owner con- vey(Hl the property to the trustees, Avho sold the tickets, attended the dra^^■ing, and (UmmKmI the prizes to the lucky ownei'. There is no men- tion whatever in any of (he com'o^'ancos of this Cai'i-oilsburg property of any contcMuplated cession to the United States. 2. Ihunbui-g Avas survoA'od and laid off by the own(M\ Jacob Fuidc, and his plat recorded here October 28, 1771, in I-,ibor 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 ot seq.), and to ha\ e taken out a connuission in 1770 to perpetuate the bounds of wddow's mite, and (hen (o have laid it off and sold it out as lots in Hamburg, giving the deeds to the purchasers himself. None of these 14248— Oa 8 114 GOVERNMENT OF THE DISTRICT OF COLUMBIA. deeds recite that the lots have l:)een drawn by lottery or ballot. The deed of trust for CarroUsbiirg is the only authority I can find for a lottery, but that may be explained ]»y the fact that not until 1792 did the statutes require a lottery to l)e specially authorized by the leg-is- lature of Maryland. (See acts of 1T!>2, ch. 58, sec. 1.) 3. The title to Carrollsl)urg- was in Rozer, ('arroll, and Young, who deeded the same to the parties drawing the lots ])y deeds duly executed and recorded here. 1. 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-ated, as the acts incorporating other villages and towns in the State are quite numerous in '' Kilty's." Truly, yours, Henky P>i;()<)KE. UrrEU MAiiLBouo, Md., ScptiiiJh r 20^ JS7.'{. Al'TENDlX is. A fiirtlicr supplement to the act coucernini? the territory of Gohimlna and tlie city of \Vawhinij;ton (Lib. J (i, No. 2, folio 82). Certificates to Be it eiMctc'd hii ilic (fc')u-ral ((.'li/ of Maryland, That besufficient,<'t<'. , . -^ , " , -i i . i ' i' v i i ^i the certificates granted, or which ma}^ he 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 rccoi'dcd agreeabh" to the direc- tions of the act concerning the territory of Columbia and the city of Washington, shall b(^ sufiicient and efl'ectual to vest the legal estate in the pui'chasers, their heirs and assigns, according to the import of such certificates, with- out any deed or formal conveyance. On sales not jj_ ^b^^/ hc it enacted. That on sales of lots in the said paid, property to _ \ .11 be again sold, q\{;j ])y {\^q v^.y^ commissionci's, ()i- any two of them, under terms or conditions of payment being made therefor, at any day or days after such contract entered into, if an}^ sum of the purchase mone^^ or interest shall not be paid for the space of thirty day s after the same ought to be paid, the commissioners, or any two of them, ma}^ sell the same lots at })ublic vendue, in the city of Washington, at any time after sixty days' notice of such sale, in some of the pu])lic newspapers of Georgetown and Baltimore town, 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 treasury, on demand, the balance of the money which may have been actuall}^ received l)y 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 • 1 , £ i.\ -4- i. ' 1 £ to appoint a day, said, or any two ot them, may appoint a certain day toritc the allotment and assignment of one-half of the quantity of each lot of ground in Carrollsburgh and IIaml)urgh, 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 citj^, on the day appointed for that purpose, and therein proceed at convenient times till the whole be finished, as if the proprietors of such lotsnctually resided out of this State: Pi'ovlded, That if the proprietor of an}' such lot shall o])iect 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 thc}^ shall forbear as to such lot, and may proceed according to the before-mentioned act. IV. And he it enacted. That the said commissioners ,,^i';^/° "^''^^'^ ^ may make a seal of oSice of the clerk for recording deeds within the District of Columbia, which shall be kept b}^ 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 Columbia. Section 1. 1. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress asseivhledy That all the territory which was ceded by the State of Maryland to the Congress of the 116 QOVEENMENT OF THE DISTRICT OE COLUMBIA. United States for the permanent seat of the Government of the United States shall continue to be desig-iuited 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 nuy 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 Conmiissioners herein providcnl foi- shall be deemed and taken as othcers of such corporation. 4. And all laws now in force I'elating to the District <^f ( Columbia not inconsistent with the provisions of this act shall remain in full force and efiect. Section 2. 1. That within twenty days after the a])pi'oval of this act the Presi- dent of the United States, b}- and with the advice and consent of the Senate, is hereby authoi'ized to appoint two persons, ^vho, with an ofiicer of the Corps of Engineers of the United States Army, whose lineal rank shall l)c above that of a captain, shall be Commissioners of the District of Columbia. JOINT RESOLUTION (letiiiiiig a (luorum of tlie Hoard of Commissioners of tlie Pistricf of Columbia and for other purposes. Resolred hy the Seudic cmd House of licprrseiildthr-^ of llic Vniled Stoics of Amcvk'a in Congress osseinliled, Tliiit any two of the Coinmii^sioih'r^ of the IMstrirt of Columbia, sittin^Lj as a l)oar(l, shall constitute a quorum for the Iransactiou of business, and that the senior ofiicer of the Corps of Engineers of the Army who shall t'nr lh(> time being be detailed to act as assistant (and in case of his absence from the District or disa- bility, the junioi- oliicer so detailed) shall, in the event of tlie absence from the Dis- trict or disability of tlie Commissioner who sliall for the time being l)e detailed from the Corps of P^ngineers, 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 c;iptains or oflicers of higher grade having served at least fifteen years in the Corps of Engineers of the Army of the United States. Approved December 24, bS90. 2. And who, from and after J 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. GOVEENMEKT OF THE DISTKICT OF COLUMBIA. 117 Salary of Engineer Commissioner fixed at |5,000, U. S. Stat, at L., vol. 21, p. 460. Hereafter the operations of the water department of the D. 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. 4. The two persons appointed from civil life .shall, at the time of their appointment, be citizens of the United States, and shall have been actual residents of the District of Columbia for three years next before their appointment, and iiave, during that period, claimed resi- dence nowhere else; 5. And one of said three Commissioners shall 1)c chosen president of the Board of Commissioners at their first meeting, and annually and whenever a \'acancy 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 live 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 b}' 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; but the first appointment shall be one Commissioner for one 3^ear and one for two years, and at the expiration of their respective terms their successors shall be appointed for three years. (Attorney General Devens I'endered an o})ini(Hi July 7, 1880, that the term of oflice 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 suret}^ upon any bond required to be given to the District of Columbia; 10. Nor shall an}^ contractor be accepted as suret}' for an}' 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 lawfull}^ exercised by, and all property, estate, and eftects 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. the act of fluiu; twentieth, eighteen iiundrcd iind seventy-four, shall cease and determine. I 2. And the Commissionin's of the District of C'olunil)ia shall have power, subject to tiie limitations and ])ro\isi()iis herein contained, to a})])ly the taxes and other reNcmies of said District to the paynuMit of the current e\])enses tiiereof. (o (he support of the ])ul)!ic schools, the tire department and the police, and for that purpose shall take posses- sion and supervision of all the olliees, hooks, papers. I'ecords. mon(\vs, credits, securit-i(>s, assets, and accounts h(don_n"ini;' or appertaining" to th(> ])usinessor intei'cstsof the oovernmcid of the District of Coluujbia, an{ ('i)luinl)ia — expenditures of, not to exct-ed ;ij)]>roi>ri;itioiiH, \ol. 22, p. 170. shall not make rc(|uisitioiisoii V . S. I'oi' i^'rcatcr suihh than on I'cxciiiU's I'l-oni D. C, vol. 22, \K -171. duties of, ri'spei'tiiii: " low grounds '" transferred to Secri'tary Interior, v. ('. vol. 2it, j). (184. 8. Rut said ( 'onnnissioners. in the exercis(M)f such duties, powers, and authority, shall make no contract, nor incur any (»l)lio-ation otlun- than such contracts and ohlioations as are hereinafter |)ro\ided for and shall be approved by Coni»'r(^ss. 4. 'rh(> Conuuissioners shall ha\e ])o\ver to locate the ])laces wluu'e hacks shall stand and chane-e them as often as the [)id)lic interests rcMjuire. 5. Any j)erson \iolatino- ;uiy orders lawfully made in pui'suance of this power shall be subject to a lin(> of not less than ten nor more than one hundred dollars, to be recovered before^ any justice of the pc^ace in ail action in tlu^ name of the (Commissioners. The attorney foi- the Disti'ict holds that the .\ct of .lanuai'v 2t), 1SS7. repeals para- graph 5. ('). All taxes her(>tofore lawfully assessed and-due, or to become due, shall be collected pursuant to law, except as lun'ein otherwise [)rovided; 7. Hut said (JommissioiuM-s shall ha\'e no pow(M' to anticipate taxes by a sale or hypothecation of any such taxes or evidences th(M'eof; 8. But th(\y may borrow, for tlu^ first fiscal year after this act takes effect, in anticipation of collection of rcniMiues. not. to (>xceed two hun- dred thousand ilollars, at a rate of iidcrest not exceedino" five per centum per annum, which shall be repaid out of the revenu(>s of that year. 9. And said Commissioners are hereby authorized to abolish any office, to consolidate two or more oHices, reduce the number of em- ployees, ^enlo^'e from office, and make appointments to any olfice under them authorized by law; GOVERISTMENT 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 judg-ment, it shall be deemed proper or necessary: Provided., That nothing in this act contained shall l)e (construed to abate in an}" wise or interfere with any suit pending in fayor of or against the District of Columbia or tlie Commissioners thereof, or affect any right, penalty, forfeiture, or cause of action existing in fayor of said District or Commissioners, or any citizen of the District of Columbia, or any other person, ])ut 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 Secretary of the Treasury for the fiscal year ending June thirtieth, cnghteen hundi-ed and seyenty-nine, and annually thereafter, for his examination and approval, a statement showing in detail the work proposed to bo 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 b}" law across the Potomac Riycr within th(> 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 Iw 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 def ra}^ the expenses of the goyernment of the District of Colum})ia for the next fiseal year: Estimates for water department shall l)e included in estimates of Commissioners, vol. 21, p. 466. Etimates shall be sul)initted to Secretary of Treasury by October 15th of each year (—Stats.—). All estimates shall be sent to Congress through Secretary of Treasury, vol. 28, p. 254. Estimates for Freedman's Ilosi^ital shall hereafter be made by Comniissioners, vol. 27, p. 37:1 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, p. 962. Shall include expense of militia, vol. 25, p. 780. Shall include care of feeble-minded children, vol. 26, ]>. 393. Shall include expenses of support of D. C. convicts, \o\. 26, p. 408. Shall include jtrovision 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. vShall include expense of maintaining prisoners in the District Jail, vol. 28, p. 417. Shall include expense of insane, vol. 20, p. 280. To include statement of condition of business in respective Clovernment depart- ments, vol. 28, p. 808. 120 (iOVKRNMENT OF THE DISTRICT OF COLUMBIA. Aniuiul, sliall incliKU' stiiti'iiicnt of luuubtT ami coiiipensatiuii of t'liqiloyccH a|)])ro- ])riat,(Ml for in one oliice and detailed to another fi u- li m^er tlian one year, vi li. 28, p. 808. An District of Colimihia now in (he eontrol or super- vision of said authorities. The followin.Lj which werc^ in charge of l'. S. otliceis ha\'e since het'ii transferred to Commissioners. The re.servatit)ns formed by intersectinu' avennes and streets were aj>i>ortion(!d between Superintendenlof Public Buildint;s and (iroimds and the Conunissioners, February H\, ISSi), by L. S. :>8,()<):!. C. (). Beunin^s, Anacostia and Chain I'rid'jes — transferred to charge of Commissioners, vol. 24, p. i:;2. Bridjie at I'enna. Ave., over lOastern branch, transferred to Connnissioners .Inly 28, 1800. b. 1{. 1(;7,76S. C. O. Acjueduct I iridic over Potomac, placi'd under the jurisdiction of I lie Commissioners July 18, bS88, vol. 2r>, ],. ;{1<). All bridges in D. C. exce]it the Aqueduct llridge over ilock Creek, placid under control of ('onunissioners, vol. 27, p. •">44. Bridges, Commissionei-s shall makt' regulations foi- public safety on, vol. 27, ]>. 544. IT), "^rhe Secretary of the Treasury shall careful!}' consider all esti- mates sul)iiiitted to hiiu as above i)rovidod, and shall aj)pr()vc, dis- approve, oi" suo-o(^st such chano('s in the siime, oi' any lUnn thereof, as he may think th(^ pu))lic interest demands; and after he shall have considered and ])assed upon such estimates submitted to him. lu' shall cause to be made a statement of the anu)un( ap})r()\('d by him and the fuiul or ])urpose t(» which each item belono"s, which statement shall be certified by him, and doli\-ore(l, too-eth(M' with the estimates as ori^'inali}' submitted, to th(> Counnissioniu's of \\\o District of C'Oliuubla,. w'ho shall transnrit the sanu^ to (^ono"ress. 16. To the extent to which Congress shall a])prove of said estimates, Cono-ress shiill appropriate th(^ anioimt of fifty per centum thereof; 17. And the remainino- (ifty per centum of such approved estimates shall be lexied and assessed upon the taxal)le property and privil(>g'es in said District other than the propert}' of the United States and of the District of Columbia; 15. And all proceedino-s in the assessing-, equalizing and levying of said taxes, the collection thereof, the listing return and ])en!dt3" for taxes in arrears, the advertising for sale and the sale of i)roperty for delin(]uent taxes, the redemption thereof, the proceedings to enforce the lien upon imredecmed i)roperty, and every other act and thing now GOVEKNMKNT OF THE DISTRICT OF OOLUMBTA. 121 roqiiircd to bo done in tho premises, shall he done and performed at the times and in the manner now provided by law, except in so far as is otherwise provided l)y this act; ll>. Provided, That the rate of taxation in any one 3' ear shall not exceed one dollar and iifty cents on every one hundi'ed dollars of real estate not exempted by law; and on personal pro})erty not taxal)le elsewhere, one dollai' and fifty cents on every one hundred dollars, according" to th(> cash \aluation thereof; 20. A)id pror/dcd fiirfJi)'i\ Upon real property held and used exclu- sively for ag-ricultural purposes, without the limits of the cities of Washino-ton and ( leoi'getown, and to be so desio-nated l)y the assessors in their annual returns, the rate for an}" one year shall not exceed one dollar on every one hundred dollars. 21. The collector of taxes, upon the receipt of the duplicate of assess- ment, shall give notice for one week, in one newspaper published in the city of Washing-ton, that he is read}' to receive taxes; 22. And any person who shall, within thirty days after such notice given, pay the taxes assessed against him, shall be allowed by the collector a deduction of five per centum on the amount of his tax; Provision allowing dedncfion for prompt payment of taxes repealcMl, vol. 22, p. 571. 23. All penalties imposed by the act approved March third, eight- een hundred and seventy-seven, chapter one hundred and seventeen, upon delinquents for default in the payment of taxc^s levied under said act, at the times specified therein, shall, upon payment of the said taxes assessed against such delinquent within three months from the passage of this act, with interest at the rate of six per cent, thereon, be remitted. Section -l. 1. That the said C-ommissioners may. by general regulations consist- ent with the act of Congress of March third, eighteen hundred and seventy seven, entitled "An act for the support of the government of the District of Columbia for the fiscal year ending fJune thirtieth, eighteen hundred and seventy-eight, and for other purposes," or with other existing laws, prescribe the time or times for the payment of all taxes and the duti(>s of assessors and collectors in relation thereto. (See "Methods of Taxation," infra.) 2. All taxes collected shall be paid into the Treasury of the United States, and the same, as well as the appropriations to be mad(^ by Con- gress as aforesaid, shall be disbursed for the expenses of said District, on itemized vouchers, which shall have been audited and approved by th(> Auditor of the District of Columbia, certified by said Commis- sioners, or a majority of them; I'alances of appropriations remaining at end of two years from close of fiscal year shall be covered into Treasiu'y to credit of U. S. and I). C. equally, vol. 25, p. 808. 122 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 3. And the aceount.s of said Coiniiiis.sioner.s, and the? tax collectors, and all other officers required to account, shall be settled and adjusted by the accounting officers of the Treasury Department of the United States. 4. Hereafter the Secretary of the Treasury shall pay the interest on the three-sixty-live l)onds of the District of Colunil)ia issued in pursu- ance of the act of Congress appro^ ed Jiuie twentieth, eighteen hundred and seventy-four, when thi^ same shall lu^come due and paya])le; and all amounts so paid shall ))c credited as a part of the appropriation for the year by the X^nitcd States toward the expenses of the District of Columbia, as hereinbefore provided. Section 5. 1. Tliat hereafter when any repairs of streets, avenues, alleys, or sewers within the District of Colunil)ia' are to ])e made, or when new pavements ar(> to ])e substituted in place of thos(> worn <.ut, new ones laid, or new streets opened, sewers l)uilt, or any works the total cost of which shall exceed the sum of one thousand dollars, notice shall be given in one newspa]ier in Washington, and if the total cost shall exceed live thousantl dollars, then in one newspaper in each of the cities of New York, IMiiladelphia, and Baltimore, also for one week, for pro- posals, with full specifications as to material for the whole or any por- tion of the Avorks proposed to he done. 2. And the lowest responsible proposal tor I he kind aiul character of pavement or other work which the Commissioners shall determine upon shall in all cas(^s l)e accepted: ?). Pi'(ii'l(J((1^ JiDincrti^ That the C'onnnissioniM-s shall \\\\xi' the right, in their discretion, to reject all of such proi)osals: ■i. Provided^ 'i'liat work capal)le of l)eing execub'd iindcM- a single contract shall not be sutxlivided so as to reduce the sum of mone}' to be paid therefor to l(>ss ihaii one thousand dollars. 5. All contracts for the construction, inn)i-o\ eiiient, alteration, or repairs of th(> streets, a\ (•nu(>s, highways, alleys, gutters, sewers, and all work of like nature sliall be made and entered into only by and with the otlicial unanimous consent of the Conuuissioners of the District. (See note after ](ara;j:i'ai)li I, secfioii 2, as to (juuruin of I'xiai'i!.) T). And all contracts shall l)e copied into a book kept for that pur- pose and be signed l)y the said Commissioners, and no contract involv- ing an expenditure of more than one hundred dollars shall be valid until recorded and sigiKMl as aforesaid. The First Coinptroller verl)ally advised CuiiunisHioners that books composed of original copies of contracts l)onnd together would meet the requirements of this law as to copying contracts into a book. GOVERNMENT OF THE DISTRICT OF (X)LUMBIA. 123 7. No pavement nluill be accepted nor any pavements laid except that of the l)est material of its kind known for that purpose, laid in the most substantial manner; 8. And good and sufficient bonds to the United States, in a penal sum not less than the amount of the contract, with sureties to be approved l)v the Commissioners of District of Colum))ia. shall be required from all contractors, guaranteeing that the terms of their contract shall l)e strictly and faithfully performed to the satisfaction of and acceptanc(^ by said Commissioners; [K And that the contractors shall keep new pavements or other new works in repair for a term of five 3"ears from the date of the comple- tion of their contracts. 10. And ten per centum of the cost of all new works shall l)e retained as an additional security and a guarantee fund to keep the same in repair for said term, which said per centum shall be invested in registered bonds of the United States or of the District of Columbia and the inter- est thereon paid to said contractors. Contractors' retains: "All moneys which have been or may hereafter be legally retained from contractors may be invested in l)onds of the Uiiited States or the Dis- trict of Columbia and hekl by the Treasxu'er of the United States, and any sum which has been or shall be realized from such investments in excess of the amounts due to contractors shall be deposited in the Treasury to the credit of the United States and of the District of Columbia in equal parts," vol. 23, p. 813; or the Treasurer of U. S. may retain said money without interest, or invest same at the request and risk of the contractor, when amount is over $100, at his discretion, vol. 24, p. 501. 11. The cost of laying down said pavement, sewers, and other works, or of repairing the same, shall be paid for in the following propor- tions and manner, to wit: When anv street or avenue through which a street railway runs shall be paved, such railway company shall bear all of the expense for that portion of the work lying between the exte- rior rails of the tracks of such roads, and for a distance of two feet from and exterior to such track or tracks on each side thereof, and of keeping the same in repair; 12. But the said railway companies, having conformed to the grades established by the Commissioners, ma}' use such cobblestone or Bel- gian blocks for paving their tracks, or the space between their tracks, as the Commissioners may direct; 13. The United States shall pay one-half of the cost of all work done under the provisions of this section, except that done by the railway companies, which payment shall be credited as part of the fifty per centum which th(>. United States contributes toward the expenses of the District of (volumbia for that year; (Except permit work. 2S Stats., 247.) 11. And all payments shall l)e made by the Secretary of the Treasury on the warrant or order of the Commissioners of the District of 124 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Columbia or a majority thereof, in sucli amounts and at such times as they may deem safe and proper in \'iew of the progress of the Avork. A disbur.-iint,'' oliicer shall be :i]>|)()intf(l by the C'omiuisisioiK'rs nf ilie Distrit't of Columbia, who shall tiivo bond tu the Tni ted States in tlie sum of fifty thousand dollars, conditioiu'il fdrthc faithful ix't-forniance of i\\c duties of liis ofticc in the disbui'siiiii' and acciiuntinLr, act'Drdinix to law, for all nuMK'_\s of tlu^'l'nited States and of t\\v. District of ('olund)ia that may come into his hands, which bond sliall be ap2)roved by the said Commissioners and llie Secretary of the Treasiwy and be liled in the ofiice of the Secretaiw of the Treasury: Provided, That liereafU'r advances in money shall be madi! on the retjuisition of said Commissioners to the said disbursing officer instead of to the Commissioners, and he shall account for the same as now reijnireil by law of the said Commissioners. Tliat hei'eafter all accounts for thtMlislnirsement of appropriations made either from tlie revenues of tlu^ District of Columbia or jointly from the revenues of the Unitt'd States and the Disti-ict of Columbia shall be audited by the Auditor of the Disfi'ict of Columbia before beinro\'ided by law. (.lune .">(), ISilS.) IT). That if any street railway company shall noo-h'ct or refuse to perform the woi-k r(^({uired by this act, said pavement shall l)e laid })et\veen the tracks and exterior tlici'eto of such railway t)y tlu^ District of Coluud)ia; K). And if such company shall fail or refuse to pay the sum due fi'om theui in respect of the work done l)y or under the orders of the proper officials of said District in such case of the neolect or refusal of such railway com})iiny to perform the work riMndrcd as aforesaid, the Oouuuissioners of the District of Coltnul)i:i shall issue certificates of indel)tedness against the property, real or ])ersonal. of such railwa}^ company, which c(U'tiHcat(>s shall hear interest at the rat(> of ton pov centum jxm" annum until paid, and which, imtil th(\v are paid, shall remain and ])e a lien u[)on the property on or against which they are issued togetluu' with the franchise of said com})a^iy; 17. And if th(^ said certiiicates ai'e not paid Avithin one year, the said Commissioners of the District of Coliuubia may proceed to sell the propert}' against which they ar(^ issued, or so much thereof as may be necessary to pay the amoutd due, such sale to he lirst duly advertised daily for one wovk in sona*, newspaper published in the city of Wash- ington, and to l)e at public auction to the highest bidder. 18, When street railways cross any street or avemu% the pavement between the tracks of such railway shall conform to the pavenuMit used upon such street or avenue, and the companies owning these intersect- ing railroads shall pay for such ])avements in the same manner and proportion as required of other railway couipanies under the provisions of this section. J \ GOVERNMENT OF THE DISTRICT OV COLUMBIA. 125 19. It sliiill be the duty of the Commissioners of the District of Cohmil)iii to see that all water and gas mains, service pipes, and sewer connections are laid upon any street or avenue proposed to be paved or otherwise improved before any such pavement or oth(;r permanent works are put down ; The Commissioners of tlie Distri(;t of Columbia are hereby anil inri/.cd, whenever the roadway of a street is about to ]k'. paved or uiacactlamized, to make service connections in sucli street for ail ahntting lots and premises witli tlie water mains and sewer jmnided for the service of said lots ami premises. The entire cost of the said connections shall be paid from the current appropriations respectively for the extensiou of tlie sewer and water supply systems, and shall be assessed against the abutting; pi-operty, and collected in like manner as assessments which are levied under the compuls IJoard of School Trustees shall bo abolished; and all the powers and duties now exercised l)y them shall be transferred to the said Commissioners of the District of Columbia, who shall have authority to emi)l()y siuli officers and agents and to adopt such provisions as may be necessary to carry into execution the powers and duties devolved upon them by this act. 2. And the Commissioners of the District of Colmnl)ia shall from time to time appoint nineteen persons, actual residents of said District 12(> (U)VEKNMENT OK Till-; DLSTKICT OF COLUMBIA. of Columbia, to oonstiluto. the trustees ol' l*ul)lic Schools of said Dis- trict, who shall s(M'\-e without comjieusation nnd for kuc/i I< mix as KdUl Chm'i/ii.'iililii' scliools of tlic Disli-ict of (.'oluiubiu wuh vested ill u lluani of Miluration. (;;i Slat., ")()!.) ^ SlOCl'ION 7. That the olHccs of sird\ino- fund connuissioners arc lirreby abolished; and all n of Trcasmvr V- . S., vol. L'L', y. 170. I Ici'caftcr any anionnt a|>|U-u]ii-iatril tor any liscal year may lie consoliilalod with 'ho nncxprndod lialanccs of a|i|>rn|ii-ialions foi' interest and siidn'(vdin,Lr, vol. '_';!, |i. i:!l. Treasurer 1'. S. sliall redeiMn Hoard of ,\iidit cert ilicatcs, vol. 21, ]>. 28(). Treasurer I'. S. shall i)ay jud I'nited S(a(('s to (he |>urchas(> and rc(lcm])tioii of the bonds of (h(> District of Columbia : /V'^/vVA//. Tha( should (hcTreasui'er of the llnited States at any time be unable to secure bonds of the District of (\)lumbia at a. ])rice wiiicli lu^ may deem advantaoeous, he is lier(d)y authorized to invest the amount a\ailable for the said sinkino- fund in lioiids of the Cnitcd States, the bonds so ])ur(;liased to be rco-istercd in the name of the Trcasurci- of (hcl'ni(ed S(a-tes, trustee foi' the sinking fund of the District of C'olumbia, and it shall be t he duty of the Treas- urer of the United States to collect the intcrcvst, when due on the bonds so held, and to im'cst the same for account of said sinkino' fund: I*r<)r!i/< (/ j'lifl/n i\ Tliati lli»> Treasurer of the I'nited States is hereby authorizef the District of Columbia for the bonds of the United States, so held, when he shall deem it to be to the interest of the said sinking- fund to do so. (March 3, 1903.) Section 8. That in lieu of the r>oai-d of Health now anthorizcd by law, the Commissioners of the District of Cohunl)ia shall appoint a physician GOVERNMENT OF THE DISTRICT OF COLUMBIA. 127 as I lea! til OfHcer, who.so duty it ,sli;ill bo, under the direction of the suid Coniniisslonci's, to execute and enforce all hiws and reg'uhitions relating to the public health and \ ii:d statistics, and to perform all such duties as may l»e assigned to him by said coiumissioners; and the P)oar(l of Health now existing shall, from the date ol' the appointment of said Health Olliccr, be a1)()lisli(Ml. Skction !». 1. That thcic may be iii)pointe(i by the Connnissloners of the Dis- trict of C'olumbia, on the recommendation of the Hi>alth OfHcer, a reasonable munberol' sanitary inspectors for said District, not exceed- ing six, to hold such appointmcMit at any one time, of whom two may lie physicians, and one shall be a person skilled in the matters of drainage and ventilation; and said Commissioners may remove any of the subordinates, and from time to time may prescribe the duties of each; 2. And said inspectors shall ))c respectively required to make, at least once in two wtndvs, a repoi't to said H(;alth Olhcer, in writing, of their insjxictions, wduch shall be presei'ved on (ile; 3. And said Health OfHcer shall report in writing annually to said Commissioners of th(> District of C'olumbia, and so luuch ofteuer as they shall [•e([uire. Sectiom 10. That the Conunissioners may ayipoint, on the like recommendation of the Health Otlicer, a reasonable number of clerks, but no greater munber shall be ajipointed, and no more persons shall be employed lunhM' said H(>alth Ollicer. than the public interests demand and the appropriation shall justify. Section 11. 1. That the salary of the Health Otlicer shall be three thousand dol- lars per annum; 2. And tlu> salary of the sanitary inspectors shall not exceed the sum of one thousand two hundred dollai's ])er annum each; 3. And th(^ salary of the clerks and other assistants of the Health OHicei' shall not exceed in the aggregate the amount of seven Ihousiind dollars, to be ap})ortioned as the Commissioners of the District of Columl)ia may.dc^eui best. Section 12. 1. That it shall be the duty of the said Commissioners to report to Congress at the next session succeeding their appointment a draft of such additional laws or amendments to existing laws as in their opinion are necessary for the harmonious working of the system hereby 128 aOVEBNMENT OF THE UlSTJUCT OK COLUMJilA. adopted, iind for tlic cllcclual and propci- ^ovci'iiiiiciit of tlic 1 )ist,i'ict of (joliiinhia; (The r<'(|iiirc(l (•(inipihilion was .snl)iiii(t('(l to (Jon^rcws, but never iictey that body. ) IJy ad of March 2, bSH9, the coiiiijihUion of a coilc of laws was provided for, \'oL 25, p. ,S72. \y . Stone Abert was eiiiijloyefl to do tlic work, and I lie disti'il)n- tioii of the code prepared by him was oi'dere(l l)y act of .\hircii 2, bSOf), voL 2S, p. 75i). y. And said ( 'ommissioncrs siiall annually rc.port tlicir official doings in detail to ( 'odj^tcss on or Ixd'orc the lifst Monday of December. Skc'iion \'.'>. 1. That lliere siiall l)e no increax- of (lie present, anionnl of (he total indebtedness of the 1 )is{ I'iet of C'olund)ia; Tlire(^-sixty-live b-mds limited to $b5,n()0,()()(), vol. 21, p. 2S(;. 2. And any ollieer oi- jjerson who shall know ino|_\ increase, or aid or abet in increasino-, such total indebtedness, exce])t: t,o the amount of the two hundred thousand dolhirs, as aiil hori/ed lt\ this act, shidi 1)0 dc(!nie(l o-uilty of a hi<^'h misdeiiK'anoi-. and, on eon\ ietion thereof, shidl l)C piuiislied by irii])risoninerd not excccdino- (en years, and by line not excecdin*^' ten thoustind dollars. Skci'ion N. J. Thiit the tei'Ui '"school liouses '' in the aet of rlune sexcntccntli, cieht<'(!n hundr. I)id, if any })ortion of any said buildino-, house, oi' oronnds in tei'ins (!XC(5j)t.e(l is used to secufc a rent or income, or for any biisin<'ss purpose, such ])()rtion of (he same, or a sum e(|ual in \alue to such portion, shall be taxed. Sk(;'I'ion i."). That all laws inconsistent \\ ith the pixnisions of this act be, and the same arc hei-(d)y. repeal(Hl. Approved . I line I I . Is7s. Al'l'ENDlX 'Jii). AN ACT for layinj^ out antl erectinfr a Town on l^otoniac liiver, al)ove tlir [montli of liock Creek, in Fredcu'ick County. I*assed Stli June, 1751.] Wherciis sevcn'al inhabitants of Frederick Coimty, by their humble [)etition to this (lenei-al Assembly, have set forth, thiit there is :i con- venient place for a town on l*otomae Kiver, above the mouth of Ivock GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 129 Ci'eek, tidjacent to the inspoctioii-housc in tlic County aforesaid, and pra3'ed, tliat .sixty acres of land ma}- be there laid out and erected into a town: 2. Be it therefore enacted, l;/ fhr rhjlit lionorahle the Lord Prietary, hy and 'inlth the advice and consent of li.ix, Lordshij)H Governor^ and the Upper and Lotver IIovKes of Asscmhly, and the autJiorlty of the name. That Captain Henry Wright Crabb, ]Vlaster John Needhani, Master John Ciao-ett, Master Janu>s Pei'rie, Master Sanuiel Maoruder the Tliird, Master rlosias Beaile, and Master David Lynn, shall be, and are hereby, appointed commissioners for Frederick County aforesaid, and arc licrchy authorized jiiid empowered, as well to buy and pur- chase sixty acres, part of the tracts of land belong"ing to M(^ssrs. George Gordon and George Bell, at the place aforesaid, Avhere it shall appear to them, or the major part of them, to be most convenient as to sur- vej' and lay out, or cause the same to be surveyed and laid out, in the best and most convenient maimer, intoeight}^ lots, to be erected into a town. 3. And l)e it farther enacted^ />// 1 he an/Jiorilij, adirice, and co/hsent aforenald. That the conunissioners aforesaid before nominated and appointed, oi- the major part of them, aic hereby empowered and required, at some time by them, or the major part of them, to be appointed, before the first day of ()ctol)er next, to meet together on the land aforesaid, or at some other place neai' and convenient thereto, and then and there treat and agree (if the sauK? can bcMlone on reason- able terms,) with the owner or owners, and person or persons interested in the same sixty acres of land, for the puichase thereof; and if it shall happen that the said owner or owncn-s, person or persons, will not agree w ilh the said commissioners for .sucli rate or price as they the said commissioners, or the major part (^f them, shall thiidc reason- a])le, or shall refuse to make saK^ ol" the same, oi- that through non-age, coverture, or any othei- disal)ility or impediment, shall l)e disabled to make such sale, that then and in any such case the conunissioners aforesaid, or the major part of them, shall and are hereby empowered and recpiired, to issue a warrant, under their hands and seals, directed to the sheriir or coroner of Frederick County aforesaid for the time being, conmianding him to sunuuon and impannel a jury of seventeen good and lawful men, f i-eeholders of his bailiwick, to be and appear at the day and place in such warrant to be mentioned, which sheritf is here))y rc<|uii"cd and obliged to execute the same; and that jury, being by the said conunissioners charged and sworn, shall, upon their oath, inquire, assess, and return, what damages or rec()nq)ence they shall think lit to b(^ paid and given to such owner oi- owners, [)erson or per- sons, for tile sixty acres of land aforesaid, and that whate\er sum or sums of money such jury shall so assess and award, shall aiid is hereby declared to be the value and price to be paid to such owner or owners, 14248—03 9 130 GOVERNMENT OF THE JJLSTKICT OF COLUMJ5IA. person or persons, interested in the sixty acres of land aforesaid; l»at if the said jui'y sliall assess and value the said land at a l(>ss })ric(^ than lit'ty shiJIinj^s current money for each acre, then in sucii case the pur- chaser or purchasers of such land shall pa}' such further sum, over and above what shall bethc^ valuation of the said jury, as shall make up the full sum of lifty shillings like money as aforesaid- for ever}' acre, to be paid to sucii proi)rietor or proprietors as aforesaid. 4. A/i(/ he it furtlii'V evacted, hij llir (lul/ior!/ 1/^ (nhiice^ the sann^ sixty acres of land to be carefully surveyed, divided and laid oiil. by the surveyor of the county afoi'esaid, or such other person as they, or the major part of th(>m, shall make choice of and appoint for that })ur- pose, as near as con\'enient ly may be, into eio-hty equal lots, allowing such sufficient s))ace or (juantity thereof foi' streets, lanes, and alleys, as to them shall seem meet, and the same lots, so laid out. shall luun- ber with ninnbers, one, two, and tlii'ce. and so to eighty, for distin- guishing each lot from the othei", and shall cause the streets, lanes, and alleys, to l»e nanie(l ancl distinguished by ceitain names, and by good suflicient cedar or locust posts, to be set n\) as a boundary to each of them. 5. And he il J'li rl hi r iiutchd^ In/ I In ii n/ liori 1 1/^ (i(lr!c<, d ltd ('(i)iKctd afor<'.'<((!v him or her so taken up or chosen, or shall })rove to the satisfaction of the said commissioners, or the major part of them, that he oi'she had tendered or offered to pay the said price to the owner or owners aforesaid, and that such owner had refused to accept oi* receive the same, and an entry of such payment oi' tender and I'td'usal beini;" made according to the directions hereafter mentioned, such person shall and is hereby declared to l><'. by \irtue of such payment of tender and refusal, and entr}^ thereof mad(^ as aforesaid,' and this act, fully and absolutely invested and seized of and in an estate of inheritance in fee simple of and in such lot, to liim or her, and his or lier h(>irs and assigns for- ever, without any deed, conveyance, or other transfer, from such own(>r or owners for the same, any statute, law, usage, or custom, to the contrar}^ notwithstanding. 7. Provided (dioayx^ Tliat it shall not he lawful for any person. to take up, enjoy, have, or possess, more than one of the same lots, within twelve months aftei- the same are di\'i(led and laid out as aforesaid; provided, also, that all and every the person and [)ersons aforesaid so taking up the lots aforesaid, or any of them, shall and ai"e hereby o))liged and retpured, within two yeai's jifter they shall take up their respective lots as aforesaid, and enti-y thereof made as aforesaid, to erect, build, and linisli thereon, one good and sul)stantial house that shall coyer four hunilred square feet of gi'ound at the least, and that it 1)e made in <'\"ery respect tenantable, with one good brick or stone chinuic}' thereto; and that all and e\ery of such taker oi' takers up, who shall neglect to huild as aforesaid on their respective lots afore- said, within the tiin(> h(M-ein for that pui'pose limited and appointed, shall lose such, and the estate of such taker up so neglecting as afore- said, shall from henceforth cease and determine, and such lot or lots so neglected to be built upon shall be su})ject to be again taken up by any other pei'son whatsoevei', which second taker up, paying to the counnissioiuM's aforesaid the price thereof so as aforesaid assessed, and entry thereof made as aforesaid, and building thereon as before directed within the time before limited after such second taking up, shall have the like estate in such lot or lots as the first takers up who shall com- ply with the reipiisites before mentioned are herein l)efore declared to have, and so, totles (luotie^, until the same lots shall be 1)uilt on and improA^ed as aforesaid. 8. And he it further enacted^ That the money aforesaid directed to be paid to the commissioners aforesaid, for the lots not built on and impro\'ed by the first or other takers up within the time herein limited, shall and is hereby directed to ))e a})plied to such purposes, for the use and benefit of the said town, as to tlie said connuissioners, or the major part of them, shall seem meet. 132 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 0. And he it fiirfJur cnadid^ l>y tJie authority aforesaid^ Thtit the .surveyor of the county aforesaid, or any other person whom the com- missioners aforesaid, or tlic niujor part of them, sliall ap})oint to sur- vey and lay out the lands aforesaid, as before herein directed, shall make out a fair and exact plot of the town aforesaid, and survey thereof, whereby each lot, street, lane, and alley, ma}' appear to be well distinguished by their respective nund)ers and names, and the same plot, with a full and plain certiticate ther(>of, shall deliver to the com- missioners as aforesaid, or the major part of them, to be entered and reposited as hereafter directed; and that the said surveyor, or other person appointed as aforesaid, shall have and receive for surveying and laying out the town aforesaid, and making the plot aforesaid, the sum of one thousand poiuids of tobacco, to he paid and allowed in the county levy, and no more. ,10. And he It further e)iacted^ hy the authority afejreiiald^ That the commissioners aforesaid, or the major part of them, shall and are here])y required to employ some sufficient person for their clerk, and shall administer an oath to such clerk for the due performance of his office, which clerk shall and is hereby ol)liged to lind and provide a good well bound book, foi' registering and entering tlie proceedings of the said conunissioners in the premises, and shall duly and faith- fully register and enter in such book the certiticate of the survey aforesaid, the prices of each respective lot, the name of the owner, and the time of its l)eing taken up and paid for, or of the tender or refusal as aforesaid, and all other the transactions and proceedings of the aforesaid commissioners whatsoever, in and a])out the town aforesaid; which said register, together with the plot or survey of the same town, shall be carefully examined and inspected by the aforesaid commis- sioners, or the major part of them, and after the same is completed, shall be lodged with, and delivered to, the clerk of the same county, to be by him kept amongst the records of the same county. 11. And In It furth< r enacted^ That the said commissioners, or the major part of them, shall limit and ascertain 'what fees their clerk aforesaid shall have and receive for the several services by him to ))e done by virtue of this act, to be paid ])y the several persons taking up the lots aforesaid. 12. And w^hereas it may l)e advantageous to the said town to have fairs kept therein, and mti}- prove an encouragement to the back inhab- itants, and others, to bring conunodities there to sell and vend. Be it enacted^ That it shall and may be lawful for the commissioners of the said town to appoint two fairs to l)e held therein annually, the one fair to begin on the second Thursday in April and the other on the first Thurs- day in October, annually; which said fairs shall l)e held each for the space of three days, and that during the continuance of such fair or fairs, all persons within the bounds of the said town shall be privileged GOVERNMENT OF THE DISTRICT OF COLUMBIA. 133 and free from arrests, except for felon}^ or breach of the peace, and all persons coming- to such fair or fairs, or returning therefrom, shall have the like privilege of one day Ijefore the fair, and one day on their return therefrom; and the commissioners for the said town arc hereby empow- ered to make such rules and orders for the holding the said fairs, as may tend to prevent all disorders and inconveniences that may happen in the said town, and such as may tend to the improvement and regulating of the said town in general, so as such rules, except in fair-time, affect none but livers in the said town, or such person or persons as shall have a lot or free-hold therein, an}- law, statute, usage, or custom, to the contrary notwithstanding; provided, always, that such rules and orders be not inconsistent with the laws of this province, nor the statutes or customs of Great Britain. 13. And he it further enacted^ That the commissioners for the said town, or th*^^ major part of them, from time to time, and at all times, shall have power to remove all nuisances that they shall lind in any of the streets or alle3^s of said town; provided nevertheless, that this act nor any thing herein contained, shall extend, or be construed to extend, to enable or capacitate the said counnissioners or inhabitants of the said town to elect or choose delegates or burgesses, to sit in the gen- eral assembl}" of this province as representatives of the said town; But it is hereby enacted., That the commissioners or the inha).)itants of the said town shall not elect or choose an}" delegate or delegates, l)iirgoss or burgesses, to represent the said town in an^^ general assembl}' of this province. 1-1. A7id he it further enacted^ That when and as often as any of the commissioners aforesaid shall die, or remove from the coimt}- afore- said, or refuse or neglect to join in the execution of this act, then, and in any such case, the major part of the other commissioners aforesaid shall choose others in the place of such who shall die, refuse, remove, or neglect as aforesaid, and such person or persons so chosen, shall have equal power to act as the other commissioners herein mentioned. 15. And he it further enacted.^ hy the authority aforesaid., That all and every person and persons taking up and possessing the lots afore- said, or an}' of them, shall be, and are nereb}^, obliged to pay unto the right honorable the lord proprietary, his heirs or successors, the j'early rent of one pennj^ sterling money for each respective lot l)y them so taken up and possessed, to be paid in the same manner as his land rents in this province now are, or hereafter shall be paid. 16. Saving unto his most sacred majesty, his heirs and successors, the right honorable the lord proprietary, his heirs and successors, and to all bodies politic and corporate, and all persons not mentioned in this act, their several and respective rights, any thing in this act to the contrary notwithstanding. 134 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. Appendix 21. AN ACT for :m aildition to (ieorgetown, in Montgomery County. [Passed 2(>tli Decenilx'r, 178".] Whereas Thomas Beall, son of (nH)roe, of Monto'omery county. l)y hi.s huni])lc petition to thi.*^ o-(Mi(M'al ass(nnl)ly hath set forth, that he is seized and possessed of part of a tra(;t of land, called and known by the name of the Rock of nuniharton, adjoinino- Georgetown, contain- inii" si.xty-onc acres, v.liich he is desirous of aniu^xing- to said town, and therefore^ prayed that a Itiw niis.;'ht pass for that ])urpose; and it appear- ino- to this o'cncrnl assembly, that to extend and enlare-c the limits of said town will o-rcatly contribute to promote the trade and commerce thereof: 2. Be it enacted b// t/ie Gem ml Axxitiibtij of^fanjland^ That Messieurs John Miu'dock, Richard Thompson, William Deakins, Thomas Rich- ardson, and Charles Roatty. Ix^ conmiissioners of (Teoro-etown, or the major part of them, be authorized and required, at any time before the iirst day of August n(>xt. to c;iuse the aforesaid parcel of land, or such part thereof as they may think necessary, to be surveyed and laid out into h»ts. streets, lanes, and alleys, at the proper cost and expense of the said Thomas Reall, in sucli manner as to the said com- missioners, or a majoi' \yA\t of them, sjiall appear convenient. 3. Andhe it emietcd. That th(> counuissioncM's aforesaid, or a major part of them, shall, on oi' l)efore the said tirst day of August next, cause a correct and accui'ate survey and plot to b(^ made of the said land, and of all tlu^ lots, streets, lanes and alleys, which shall be laid otit in \ irtue of this act; and the said plot shall be recorded amongst the records of the said county, as soon as conveni(Mitly may be thereafter, th(M'e to remain as (>\ idence of the boundari(»s, situation, and location of the said lots, and of tli(> sti'cets, lanes, juid alleys; v, hi ch said streets, lanes, and alleys, hereaftm- to l)e hiid out in pursuance of this act, shall be highways, and be so deemed :\nd t:d<(Mi to :dl int(Mits and pui'poses whatsoever; and when the same shall be done,' the said land, so sur- veyed and laid out. shad be, and is luu'eby declared to be, part of Georg(^town, as fully and amply, as if originally included therein, and shall have the same iuuuunities and pri\ileges as the rest of the .said town hath, or Wy former laws ouglit to have; .saving to the state of Maryland, and all hodicvs politic and corporate, an.d all persons not mentioned in this act, their se\-ei'al and respective rights. Appendix 'I'l. AN ACT for aa addition to (ieortictown, in ]\Iontg'oini'ry Connty. [J'assed 'I'li\ Jainiary, ITS,").] Whereas Rol)ei-t Peters, William Dc^akins, junior, Charles r)eatty, and John Thiclkeld. of (leorgetown, by their humble ])etition to this general assembly have set forth, that they have agreed to lay out, as an GOVEENMENT OF THE DISTRICT OF COLUMBIA. 135 addition to Creorgetown, twenty acres and eiohteen thirt}^ seconds of an acre of ground, being part of the following tracts of land, to wit: one acre and twenty-six thirt}' se(.'onds of an acre, part of a tract of land called Frogland, the propert}" of the aforesaid Charles Beatt}^ two acr(vs and one thirty second of an acre, part of a tract of land called Discoyery, the propert}^ of the aforesaid lvobt>rt Peters, thirteen acres and twenty-nine thirt}^ seconds of an acre, part of a tract of land called Conjuror's Disappointment, the propert}^ of the aforesaid Wil- liam Doakins, jiuiior, and three acres twenty-six thirty seconds of an acre, part of a tract of lands called the Resuryey on Salop, the prop- erty of the aforesaid John Threlkeld, into sixty-fiye lots, ;ind a sufficient numl)er of streets, as appears hy the plot of the actual survey thereof, made by the said Francis Deakins on the tirst day of September, in the year of our Lord one thousand seven hundred and eiffhtv-four; and the said Robert Peters, John Threlkeld, William Deakins, jr. and Charles Beatty, have prayed that an act may pass confirming the same as an addition to Georgetown, and establishing the boundaries thereof as now laid down by the sur\ey and plot aforesaid, and granting to those who shall be proprietors of the lots fronting on the north side of W^ater-street, the exclusive right to the ground and water on the south side thereof, for the sole purpose of making wharves, without being allowed to erect an}- buildings thereon, and vesting a power in the commissioners of Georgetown to improve, l^y whai'ves for the public good, the land and water fronting Frederick, Fayette, and Gay streets; and it appearing to this general assembly, that extending the limits of the said town will greatly contribute to the promotion of the trade and commerce thereof, and be of general utility; therefore, 2. Ue it enacted hy the General jLmewMy of Maryland, That the said parts of the tracts of land herein before mentioned and described, and laid out into sixty -five lots and a sufficient number of streets, as delin- eated on the plot of the survey thereof, made by Francis Deakins on the first day of September, in the j^ear of our Lord one thousand seven hundred and eighty-four, be, and they are hereb}^ declared to be, part of Georgetown aforesaid, and shall have, possess, be entitled to, and enjo}", to all and every intent and purpose, all the immunities, privileges, and advantages, which do or shall appertain to the said town, as fully and amply, in every respect, as if the same had been originally part thereof and included therein; and the said lots and streets, surveyed and laid out in manner herein before set forth, shall be, and they are hereby, established and confirmed, according to the delineation and description of the same on the plot of the survey thereof bj^ Francis Deakins, herein before referred to, and in all dis- putes and controversies which may or shall hereafter happen or arise respecting the location of the said lots and streets, the said plot, the bounds and lines therein referred to being proved, shall be conclusive 136 GOVERNMENT OF THE DISTRICT OF COLUMBIA. evidence between the parties at whose instance this act is passed, and all claiming- under them. 8. And he it fnrtlirr enacted, That the pvopi'ietors of the lots fronting on the north side of Water-street, shall ]iav(> and enjoy the exclusive right to the ground and water on the south side of their respective lots, for the sole purpose of making wharves, but thev shall not be allowed to erect any i)uildings on the wharves so to be made by them. 4. A7id he it further enacted. That it shall and maybe lawful for the commissioners of Cleorgetown, or the major part of them, and they are hereby empowered, to make and erect wharves on the ground and water fronting on Frederick, Fayette, and Gay-streets, for the pu])lic good, which said wharves shall be for the use and convenience of all vessels trading to the said town, without paying wharfage or any duty or imposition whatever, for using the sani(\ 5. And he it further enacted. That for the saf(> keeping and preser- vation of th(\ said plot of the said addition to (leorgetown, the same shall be deposited with the conmiissioners of tlie said town, who are hereby directed to rcM-eive the said plot, and taki' care thereof. Appendix 23. AN ACT to incorporate Georgetown, in Montgomery County. [Passed 25th Decem- l)er, 17S9.] Be It enacted Inj llic (inund. AssemUy (f Maryland, That George- town, in Montgonun-y county, shall be, and hereby is, erected, consti- tuted, and made, an incorporate town, consisting of a mayor, recorder, six aldermen, and ten othcM" persons to be connnon councilmen of the said town, which said mayor, recorder, aldermen, and common council- men, shall be abody incorporate and one connn unity forever, in right and by the nameof the Mayor Recorder, Aldermen, and Common Council, of the said town, and shall Ix^ able and ('apa])le to su(> and be sued at law^, and to act and execute, do and perform, as a body incorporate, which shall have succession fore\'(M\ and to that end to have a common seal, and the sanu^ to change and alter at their pleasure; and Robert Peter, Esquire, one of the inhal)itants of the said town, shall for the present be, and herel)y is appointed mayor of the said town for tiie next year, to commence on the tifth day of January next; and John Mackall Gantt, Esquire, shall be, and hereby is, appointinl recorder of the said toW'U; and Brooke Beall, Bernard Oneale, Thomas Beall, of George, James Maccubbin Lingan, John Threlkeld, and John Peter, Esquires, inhabitants of the said town, shall be, and hereby are, appointed alder- men of the said town so long as the}' shall well behave themselves therein. 2. And he it enacted, TlvcitixW free men above twenty-one years of age, and having visible property within the state above the value of GOVEENMENT OF THE DISTRICT OF COLUMBIA. 137 thirty pounds current money, and having resided in the said town one whole year next before the first day of Januaiy next, shall have a right to assemble at such place in the said town as the said mayor, recorder, and aldermen, or any three or more of them, shall a|)point, and when asseml)led, they shall proceed to elect, mva voee^ ten per- sons, residents of the said town one whole year next before the said first day of ffanuary next, above twent3'-one j^ears of age, and having visi- ble propertj' within the state above the value of one hundred pounds current money, to be common council of the said town for so long time as they shall well behave themselves,'^ and the said maj'or, recorder and aldermen, or an}^ three or more of them, shall be judges of the said election, and the ten persons who shall haAC the greatest number of legal votes upon the final casting up of the polls, shall be declared duly elected. 3. And, to perpetuate the succession of the said mayor, recorder, aldermen and common council, in all time to come, Be it enacted^ That the said ma3'oi-, recorder, aldermen and common council, shall assem- ble at some convenient place in the said town upon the first Monday in Januar}", seventeen hundred and ninety-one, and on the same da}^ for ever thereafter, and shall elect, by the majority of votes of such of them as shall be then present, one other of the aldermen of the said town for the time being, to be mayor of the said town for the ensuing- year; and upon the death or removal of the said maA^or, or of the recorder or an}^ aldermen of the said town, and within one 3'ear after any such event, such of the said persons as shall be alive, or the major part of them, shall assemble at some convenient place in the said town, and elect, b^- a majority of votes, some other person or persons to be ma3^or, recorder, alderman or aldermen, of the said town, in the place of such person or persons, so deceased or removed respectively, as the case shall require, so as the said mayor, so to l)e elected, be at the time of such election actuall}^ one of the aldermen of the said town,'^ and so as the said recorder, so to be elected, l)e a person learned in the law, and so as the said alderman and aldermen, so to be elected, be actually, at the time of such election, of the common council of the said town; and in case of the election of any of the common council to be an akh^rman, the vacancy shall be filled up by an election, at such time, (not less than five days thereafter,) as the said mayor, recorder, and aldermen, or any three or more of them, shall appoint, by the residents of the said town qualified as hereinbefore directed and required in the first election of the common council then for the said town, 4. And he it enacted, That the mayor, recorder, and aldermen, hereby «By 1797, ch. 56, so much of this section as continues the powers of the common council during good behaviour, is repealed, and they are thereafter to be elected to serve for two years. The elections to be on the first Monday in February. & By 1797, ch. 56, section 5, this restriction is taken off, and any citizen of George- town may be chosen Mayor. 138 GOVERNMENT OF IHE DISTRICT OF COLUMBIA. appointed, or hereafter to be elected, shall be justices of the peace within the said town and precincts thereof, having first taken the oath appointed ])y law to be taken by justices of the peace. 6. And 1)8 it enacted^ That the said mayor, recorder, and aldermen, hereb}' appointed, or hereafter to he elected, or any three or more of them, shall haye within the said town, or the precincts thereof, full power to elect a sheriff, and to appoint constables and other necessary officers for the said towni. 6. Aiidlx' it enacted. That the said mayor, recorder, ahhn-men, and common council, of the said town, for the time being, shall have full power and authority to make such ]\v-laws for tlie regulation and good government of the said town and precincts, and the iiihabitants thereof, and to restrain all disorders and disturbances, and to prevent all nui- sances, inconveniences, and annoj'ances. within the said town and its precincts, and other matters, exigencies, and things, within the said town and })recincts, as to them, or a major part of them, shall seem meet antl consonant to reason, and not contrary to tlu^ constitution and laws of this state; and the said by-laws shall b(> observed, kept, and })(n'form(vl. l)y all the inhabitants of the said town and its precincts, and all ps -.--on^ ii'ading therein, under such reasonable penalties, tines, and forfeitures, as shall be imposed l)v the said by-laws, not exceeding seven pounds ten shillings current mon(\v, or twenty dollars; the said penalties, fines, or forfeitures, to ])e levied b}^ distress and sale of the goods, or execution of the person so offending, and applied to the use of the said toMn. 7. A)uJ., to defray the expenses of the said corporation. Be it enaefed, That it shall b(> lawful for the said mayor, recorder, aldermen, and common council, of the said town, ])V l)y-laws made for the purpose, to impose any sum, not exceeding two shillings and six-pence" current monc}' in any one year, on every hundred pound of property within the said town. 8. And he It rnaeted. That the mayor, recorder, and aldermen, of the said town, or any five or more of them, be authorized from time to time, as often as they think it necessary, to cause a correct survey of the said town, and the additions thereto, to be n:iade, and to estab- lish and fix permanent boundaries and stones at such places as they think it necessary, with proper marks and devices thereon, to ascer- tain and perpetuate the true lines of the said toAvn and the additions « Increased to seven shillings and six-pence by 1797, ch. 56. By 1799, ch. 85, they may ol)lige persons licensed as ordinary-keepers or retailers within the corporation, to pay a snni not exceeding five dollars to the corporation. The mayoi-'s court t<> have the sole power of granting such licences, and to receive the sums due therefor to the state, in addition to those imposed hy them, for the pay- ment of which the mayor is to give bond, with security, as the county clerks are directed to do. GOVERNMEJSTT OF THE DISTRICT OF COLUMBIA. 139 thereto; and the said mayor, recorder, and aldermen, or any five or more of them, be authorized from time to time to survey and ascer- tain the streets, lanes, and alleys, of the said town and the additions thereto, and to declare the same, and to adjudge as nuisances any encroa(!hments thereon; and the said mayor, recorder, and aldermen, or any five or more of them, are also authorized and required, on the application and at the expense of the proprietors, or the guardians of infant proprietors, of any lot in the said town or the additions thereto, to survey, alter, amend, or lay out anew, any of the streets, lanes, and alleys, running through the ground of such proprietors, so as to make the streets, lanes, and alle3"s, throughout ever}^ part of the said town and the additions thereto, to correspond and communicate with each other as near as may be; provided that any street, lane, or alley, when altered, amended, or made anew, shall not run through the ground of an}' person without his consent.''' D. And he it enacted^ That the mavor, recorder, and aldermen, or any three or more of them, shall hold a court in the said town, to be called the Mayor's Court, and in court they may make proper officers, and settle reasonable fees, not exceeding what are or shall be allowed by law in the count}" courts of this state. 10. And he it enacted, That the mayor, recorder, or any aldermen of the said town, shall have the same jurisdiction as to debts as any jus- tice of the peace of any county of this state now hath, or shall here- after have by law, and an appeal shall lie in the same manner from their judgment to the mayor's court, as from the decision of any county justice to the county court, and such appeal shall be regulated, prose- cuted, and determined, by the said mayor's court, in the same mode as is or shall be directed by law in the case of an a])peal from the deter- mination of a single justice to the county court. 11. And he it enacted, That the said mayor's court shall have concur- rent jurisdiction with the county court of Montgomery county in all criminal cases, except such as affect life or member, if such crimes or offences be committed within the said town, or the precincts thereof, by any inhabitant thereof, or by any person not a citizen of this state; and any fine, penalty, or forfeiture, recovered in the said mayor's court, shall be paid and applied in the same manner as if recovered in the county court of the said county; and the mayor, recorder, and any alderman, shall have jurisdiction touching and concerning any such crime, to arrest and l)ind over to answer therefor in the said mayor's court. 12. And he it enacted, That the said mayor, recorder, aldermen, and common council, or the major part of them, shall have power to "By 1799, ch. 85, the clerk of Montgomerj- county is directed to deliver to the order of the mayor the book in his office containing the plan of Georgetown, to ])c deposited with the clerk of the mayor's court. 140 GOVERNMENT OF THE DISTRICT OF COLUMBIA. appoint an inspector or inspectors of flour for the said town, and to fix his or their allowance; provided that the same shall not exceed three-pence current money per ])arrel. 1?). A/)d he it enact e(\ and the same is hereby, transferred and vested in the mayor, i-ecorder. aldermen, and common council of the said town, and tluMr successors, forever, for the use and benefit of the said town. Several adilitinnal iMiwers are ijiven by 1797, cli. 56. Appendix 24. Mf{. Madison's views in the federalist as to exclusive jurisdic- tion DY CONGRESS AND AS TO THE SENTIMENT RESPECTING THE EXER- CISE OF SUFFi:A(iE BY THE INHAJUTANTS OF PllE DISTKIC'l'. [Reporl (in iMlueatioii in thr Dislriclof C(iluni1)i;i. imlilislicd liy tlu' Uduscdf Reiiresentiitivcs.liinuiiry 17, 1S7U, ]iaj,'e ITfi.] The indispensable necessity of (•om[)lete authority at the seat of government carries its own evidence with it. It is a power ex(^rcised by every legislature of tlu^ Union, I might say of the world, ])y virtue of its general supremacy. Without it, not only the public authority might ))e insulted and its proceedings be interrupted with impunity, ])ut a dependence of th(^ meml>ers of the General Government on the State comprehending the seat of the government for protection in the exercise of their duty might l)ring on the national councils an imputa- tion of awe or influence e([ually dishonorable to the Governm'ent and dissatisfactoiy to the other members of the confederacy. This con sidcration has the more weight as the gradual accunuilation of public improvements at the stationary residence of the government w^ould be ]>oth too great a public pledge to be left in the hands of a single State and would create so many obstacl(>s to a removal of the Government as still further to abridge iti necessary independence. The extent of this Federal district is sufficiently circumscribed to satisfy every jealousy of an opposite nature. And as it is to be appropriated to this use with the consent of the State ceding it; as the State will no doubt provide in the compact for the rights and the consent of the citizens inhabiting GOVERNMENT OF THE DISTRICT OF COLUMBIA. 141 it; as the inhabitants will lind sufficient inducements of interest to become willing parties to the cession; as the}^ will have had their voice in the election of the government which is to exercise authority over them; as a municipal legislature for local purposes derived from their own suffrages will of course be allowed them; and as the authority of the legislature of the State, and of the inhabitants of the ceded part of it, to concur in the cession will 1)0 deri^'ed from th(^ Avhole people of the State in their adoption of the Constitution, every imaginable objec- tion seems to be obviated. >^ THE PRESENT FORM OF GOVERNMENT FOR THE DISTRICT OF COLUMBIA. The present local government of the District of Coliunl)ia is a municipal corporation having jurisdiction coincident with the terri- tory which "was ceded b}^ the State of Maryland to the Congress of the United States for the permanent seat of the Government of the United States" (20 Stats., 102), and which had been subject to the two municipal governments iumiediately preceding it. This government is administered b}' a board of three Commissioners, having in general equal powers and duties. Two of them, who must ha\'e been actual residents of the District for three years next ))efore their appointment, and have during that period claimed residence nowhere else, are appointed from civil life by th(^. President of the United States, and confirmed l)y the Senate of the United States, for a term of three years each, and until their successors are appointed and qualified. Attorney-General Devens rendered an opinion Jul}^ 7, 1880, that the term of office of an}^ Commissioner appointed from civil life, whose predecessor shall or shall not have served a full term of three years, is three years from the date of his appointment and until his successor shall be appointed and qualified, and not for the unexpired part of such 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 Arm}^ 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 2-1, 1890 (26 Stats., 1113), which pro vides that he — ^ may, in the discretion of the President of the United States, be detailed from among the captains or officers of liigher grade having served at least fifteen years in the Corps of Engineers of the Army of the United States. Three officers of the same corps, junior to said Commissioner, may be detailed to assist him by the President of the United States. (28 Stats., 246.) The senior officer of the Corps of Engineers of the Army who shall for the time being be detailed to act as assistant (and in case of his 142 GOVKKNMKNT OF TlIK DISTKK'T OF COI.UMJJIA. tibseiu'c from \\\v Di.strict or di,s5i])ilitv, tlic junior olliciM- so detailed) .shall, in tiie event oi" tho absenee I'l-oin the District or disabilltv of the Commissioner who shall for the time bein^- be (letaih'd from Ihi^C'orps of Kn^'inccrs, i)crform all tlu^ duti(\s imj)os(>d by law u\h)\\ said (bm- missioner. (2H Stats., U la.) It has been tlu^ unvarying- practice of the I'i-esid(«nts to appoint one of the civil Commissioners from each of the two most prominent national political parties, but there is no statutoi'y provision on the subject. SALARY AND 1U)M) OF COMMISSION KUS. The salary of each of the Commissioners is rif'.^.ooo per annum. The two Commissioners appointed from civil lif(> each. (-JO Stats., lo;]; 1>1 Stats.. 4<)(».) No bond is re(piired of the C^ommissioiuM- detailed from the Corps of Engineers. OATH OF OFFICIO OI'^ (X)MMISSIONERS. Elach of said Commissioners shall, before I'nterino- upon the dis- charj^e of his duties, take an oath oi' adirmation to support the C-on- stitiition of the I'nited States and to faithfully dischari^-i> the duties imposed upon him by law. (:iu Slats.. |o;5.) rUKSIOFNl' OF TIIK llOAKl). One of said Commissioners sludl be chosen |)residenl of lh(> Roard of Commissioners at their lirst meeting-, and ammally and whenever a vacancy shall occui' thereafter (20 Stats., lo;-.). (S(m^ list of (\)mniis- sioners and presidents of the board (pp. 210, 211). QUORUM. Any two of the Commissioners of the Hist licl of Cohunl>ia, siHiiKj as '>iii'(L >^\y-\\\ constitute a (juoium for the t I'jinsaction of business (26 Stats., in;;). SUBOTA'TSTON Ol'^ DUTIKS. Foi- the purj)ose of facilitating' the administi'ation of the xai'ions municipal atlairs, tiie Conuuissioners ha\-e arrsiiiii-ed their duti(\s in sub- stantially three groups, and \\\\\c assigned a se\ ei-al one of these groups to the immediate super\ ision of t^ach Commissioner, whose I'ecommen- dations on the mattei-s so allotted to him ai'e ultimatcdy acted ii])on by himself and his colleati'ues as a board (p. 214). KX OFFICIO DUTIES OF COMMISSIONERS. One of the Commissioners is ex ollicio a member of tli(> board of trustees of the Reform School for Boys (21 Stats., 156), and one an ex officio trustee of the Columbia Hospital for Women and Lying-ir Asylum (ib., 157). GOVERNMENT OF THE DISTRICT OF COLUMBIA. 143 I'OWKK OF AITOINTMENT AM> KEMOVAL, T))0 Commissioners arc ;iuthorized to abolish any ollicc, to consoli- dat«> two or nioi-c offices, reduce the number of cmploj^ees, remove from office, and make appointment to any 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. Althougii Congress is vested with exclusive legislative authority in the District of (blumbia, it has by sundry statutes empowered the Connnissioners to make building regulations; i)lumbing regulations; to niak(> and enforce all such reasonable and usual police regulations as they may deem necessary for the protection of li\es, limbs, health, comfort, and ([uiet of all ])(U-sons, and the protection of all property within the District, and other regidatlons of a numicii)al nature. The Commissioners havci from time to time exercised th(^ duty so devolved upon them. COMMISSIONERS NOT TO INCUR UNAUTHORIZED OBLIOATIONS. 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 be approved by Congress (20 Stats., 108). ESTIMATES. The Commissioners are required to submit to the Secretary of the Treasury of th(> llnited States, on or before October 15 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 yeai", 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., 104; 23 Stats., 254; 31 Stats., 1009.) SOURCES -OF REVENUE. The organic act declares that '"To the extent to which Congress shall approve of said estimates. Congress shall appropriate the amount of 50 per cent thereof; and the remaining 50 per cent of such a[)proved estimates shall lie levied and assessed upon the ta-xabU^ propei'ty and privileges in said District other than the property of tin' United States and of the District of Colmubia." (20 Stats., 104.) The several s])(>citic sources of revenue other than the amount derived from the United States, as its proportionate share of the expenses of the District government, and including special assessments, are sub- stantially as follows: Mktiiods ok Taxation in the Distkict ok Columbia. assessment officials. Assessments of both real ami personal property are made by the ssessor and a board of five (a<-t of July 1, 1902, and 28 Stat., 282) N 144 GOVEKNMKNT OF THE mSTKIOT OF COLUMBIA. assistant assessors, three of said board beiiio' designated ))v the assessor to act as the assessors of real cstat(> and as tiie exeise board, and the two other members of said ])()ard (U>signated by the assessor to com- pose the board of person;d-tax appraisers. All ti\ e nuMnbers of said board of assistant ass(>ssors, toii'ether witli the ass(>s.sor, chairman, con- stitute tlie board of eipialization and review of ri^al-estate assessments and also the l)oard of personal-tax appeals. The assessor, however, acts as chairman ex otlicio of the several l)oards nforesaid. 'I'lie assessor and the members of the board of assistant assessors are appointed by tlu> Connnissioners, but may not be riMUovcd except for ineliiciency. ne_o-lect of duty, or malfeasance in ollice. The members of the board of assistant assessors ar(^ required to perfoi'm such other oliicial duties as the assessor may fi'om time to lime direct. (Act of July I, I!M)L>.) The salary of the assesst)r is $0, .')(>(» i)er annum and that of ctich of the meml»ers oi the board of assistant assessors Ji^o.ooo ])er anmuu (28 Stat., 28!^, and act of July 1. llMii'). The assi'ssor is rc(|uired to fur- nish bond in the sum of >I^1(),()()0 (;'>() Stat., i'A'Ay), and (>ach member of the board nuist, before entei'in^- upon his duties, take an oath to dili- j»-ently, faithfidly. and iniinirtially perform the duties imposed upon him (2S Stat., 282). ISSIIC OK I.lQl'Oi: LK'ENSKS. No ])lace of business shall \)0 lic(Mis(Hl for the selling of iiiLoxicat ino' b(>vei"aii-es. b\- w hoU'salc or retail, within four hundred feet of a public school, i)ri\ate school, or lu)us(> of religious Avorship, exi-ept (as the ConunissioiuM's are adxised by tli(> corporation counsel) in case of hotels lia\ing twonty-hve rooms for guests and didy incorporated clul)s. A further condition precedent to the issue of a retail dealer's license is that a majority of the owners of and residents on tlu^ side of the sipuu'e where it is propositi to locate such place of business, and of the confronting" side of tlu^ opposite scpiarc, must first consent thereto in writing, and the oliiciu- in charge of the police precinct in which the j)ro[)osed plact' of business is to !)(,' shall have certilied that the signatun^s to such consent are genuine and that a majority of the residents have given their cons«Mit. ASH1-:SSMKNT Ol'' ItlOAL rKOI'KUTY. Iveal estate is assessed triennially (28 Stat., 2S2) at not less than two-thirds of its true value (act of July 1, l'.H)2), by the board of three assistant assessors (28 Stat., 282). This assessment must be completed on or ])efore the first Monday of January in each third year and return of the same made to the assessor, together with all maps, tield books, surveys, plats, and all notes and memoranda concerning said assess- ment. The assessment nuist be ma(h> by said assessors from actual view and from the best sources of information obtainabh\ The assessment then passes to the board of equalization and review, GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 145 composed of tin; assessor, chairman, and five (act of July 1, 1902, and 28 Stat., 282) assistant assessors. This board convenes on the first Monday of January (28 Stat., 282), and continues in session until review of the assessment is completed, which nmst ])e, as nearly as practicable, by the first Monday of June in each third year. Public notice of the time and place of such meeting- must T)e oiven l)y publi- cation for two successive da} s in two dail>' newspapers in th(^ District of Columl)ia. The membei's of the said board are authorized to administer oaths or affirmations, to summon, through the officers of the Metropolitan police force, any person to appear before said ])oard to testify touchino- matters pertaining- to the assessment, such witnesses being' allow(Hl the same fees as paid in civil actions befon> the supreme court of the District of Columbia. Any person sunnnon(^d and examined, as aforesaid, and knowingly making false oa(h or affirmation is considered guilty of perjury, and upon conviction thereof may bo piunshed according to laws for pun- ishment of perjury. (28 Stat., 285.) Any three members of said board shall constitute a quorum for busi- ness, and in the absence of the assessor a temporary chairman may be selected. It is th(> duty of the Ixiard of e(]ualization and review to hear ai)peals from ])roperty owners, and to fjiirly and impartially equalize, as a basis for taxation, the values placed upon real property by the board of assistant assessors. In rc^aching their determination they may raise the valuations of such tracts or lots as, in their opinion, ma}' have been returned ])elow their value, and reduce the valuations of such as they may l)elievc to have been returned aboA'c their value, to such sums as, in their opinion, may be the value thereof. Upon completion of the duties of the board of equalization and review the assessment must be approved by the Commissioners of the District of Columbia, after which approval it becomes the basis of taxation for the ensuing three years. (28 Stat., 281.) Ammally, on oi- a])out the 1st of July, the lioard of assistant assessors is I'cquired to make a list of all real property which shall have become subject to taxation, and which is not then on the tax list, and to fix the valuation thereof according to the rules prescribed for assessing real estate. They are also required to make a retui-n of all new struc- tures erected or roofed, and additions to, or improvements of, old structures of over $500 in value, which shall not have been theretofore assessed, specifying the tract or lot on which each of such structures shall havG been erected and the \'alue of such structure, and they shall add such valuation to the assessment made of such tractor lot. When improvements on any tract or lot })ecome damaged or destroyed, the l)oard is required to reduce the assessment on such property to the extent of such damage. Appeals from these yearly assessments are heard by the .board of 14218—03 10 146 GOVERNMENT OF THE DISTRICT OF COLUMBIA. equallziitioii aiul review be tAveen the tir.st and thinl Mouday.s of July of each year. If the board t)f assistant assessors shall asccrtani that any real prop- erty has \)vQ.n omitted from assessment for any previous year or years, or has been so assessed that the assessment was void, they nuist at once reassess such property for each year of sucli omission and report the same, through the assessor, to the collector of taxes, who is required to at once proceed to collect the taxes so in arrears as other taxes are collected. However, no property which has escaped taxation is liable for a period of more than three years pi'ior to assessment, except in the case of propei'ty involved in litigation. Whenever a sul)division of any real ])ro])erty is made and recorded with the sur\eyor of the District the ])oard of assistant assessors must reassess the property so sul)divided, and the tax on such reassessment is due and payable at the semiannual paynuMit of taxes next ensuing". (28 Stat., 1^S4 and 2S5.) KATE OF TAXATION. Tlu> rate of taxation is uniforndy,.thi'()ughout the Distrietof C'olum- bia. li per cent. (Act of July 1. LDO'J.) HOOKS OK ASSKtSSMKNT. "^riie books of assessment are pre])ar(>d by the assessoi* before the 1st day of No\einber in each year, and ui)on completion thereof the assessor is requii'(Ml to makt^ a statement showing the total amoimt of the assessment of both V(\\\ and personal property and the total amount of taxes to be collected undei' said assessments; which statement must be receipted by the collector of taxes, in triplicate, and said collector is held responsible, und"r his bond, for all such taxes, except such as he may not be able to collect after fully complying with the require- ments of law. The original receipt of said assessment and taxes nmst ))e forwarded l)y the assessor to the First (\)mptr()ller of the Treasury, the duplicate to th(^ auditor of the District of C/olumbia, and the trip- licate is to b(^ retained 1)y the collector. (2T Stat., !;>.) All real propiM'ty nuist be assessed in the name of the owner or trustee or ti'ustees of tlu> owner thereof. All undivided real property of a d(H-i'ased person may be assessed in tlie name of siu-h deceased person until the stune is di\ided according to laAV, oi" otherwise passed into the possession of some other person or persons, and all real prop- erty the ownership of which is unknown shall be assessed "Owner unknown."' (28 Stat., 2S2.) TAX BILLS. All general t;ix bills must ))e prepared under the direction of the assessor. (27 Stat., J 3.) By ord(n' of the Conunissioners, all special assessment and water-main tax bills are also prepared under his supervision. GOVEKNMENT OF THE DISTEICT OF COLUMBIA. 147 DATE OF PAYMENT OF TAXES. Taxes on realty are levied by fiscal 3^ears and arc i)ayal)ie one-half in November, at tlic option of the owner, no penalty accruing for fail- ure to pay said hall" until the whole tax becomes due in the following- May. For failure to pay before the 1st of June, 1 per cent per month penal t}' is charg-ed. (Act of Februarj- 11, 1902.) I'UBLIC INSPECTION OF RECORDS. The assessor is re(|uir(Hl to have the records of his office open to the inspection of th(^ ])iil)lic, free of charge, at sucli time or times as the public interest will permit. (Act of Jidy 1, l*,)0!i.) EXEMPTIONS OF REM, PKOPEKTY. I'he act of C-ongrcss approved March 8, 1877, made the following- pr<)\'isions as to exemptions from taxation: Tliat the property exempt from taxation under this act shall t)c^ the following and no otfier, namely, first, the Corcoi-an art building, free piihlic library buildings, churches, the Soldiers' liome, and grounds actually occupied by such buildings; secondly, houses for tiie reformation of offenders, almshouses, buildings belonging to institutions of purely public charity conducted without chai-ge to inmates, profit, or income; cemeteries dedicated and used solely for burial purposes and without private income or profit; but if any portion of any such building, house, grounds, or cemeteries so in terms excepted is larger tlian is absolutely retjuired and actually used for its legitimate jnir])ose and none other, or is used to secure a rent or income, or for any business purpose, such portion of the same, or a sum eipuil in value to such portion, shall l)e taxed against the owner of said building or grounds. (19 Stat., S99.) This has )>eeii modified by the act of Jul}' 1, 1902, which provides: That hereafter property used for educational purposes that is not used for i^rivate gain shall be exempt from taxation, and all other property used for educational purposes shall be assessed and taxed as other I'roperty is assessed and taxed. And by District appropriation law of March 8, 1903, as follows: And hereafter no property except that of the United States or the l)istric;t of Columbia and property owned by foreign governments for legation purposes shall be exempt from assessments for improvements. SALES FOR DELINQUENT TAXES. The assessor is recpilred to anmially prepare a list of taxes on real property in arrears on the ist day of July. The Commissioners nmst fix a date of sale and publish the list with notice of sale in ;i ])aniphlet, of which not less than 2,000 copies must be printed for distribution to taxpayers applying therefor. The Commissioners nmst also give notice by advertisement, twice a week for three successive weeks, beginning on the third Monda}^ of February of each year, in three daily newspapers published in the District, that the pam|)hlet has been printed and that a copy thereof will be given to any taxpayer apply- ing therefor at the oflice of the collector of taxes. In said pamphlet a description of property sufficient to identify the same is considered a proper description. The expenses of advertising and printing of 148 GUV EKNMENT OF TUE DISTKICT UE CULUaMBlA. paiiiphlcl avo paid l)v a charoo of 50 cents \'ov each lot or piece of property advertised. If the taxes due, tog-ethev with piMiaities and costs, shall not have been paid prior to date of sale, the pi'opertv must l)e sold ])v the col- lector of taxes, undei" direction ol" the C'onunissioners, at pul)lic auction in the collector's ollice, said sale connnencino- at least three weeks after first ])ul)lication of said notice and continuing- (MU'h day (Sundays and holida\s exce])ted) until all said dclintiuent ])roperty is>-sold. The collectoi' niiist rccinirc I'l'oni every purchaser a. dej)osil sullicient, in his jud<4'nicnt, to guarantee a lull and liiial settlement foi' such pur- chase. K\'ery purchaser otht'r than the Disti'ii-t of Columhia shall pay the full amount of his hid, includini;- surplus, if :iny. to the col- lector within lix'e days after last day of sale, and if such i)ayment is not mad(> within time specilied, deposit of [hm-sou so failino- to pay shall l)e forfeittnl to tlu' District of C\)lumhia, and collector shall issue certilicat(> of sale for such property to tlu' n(>xt hiy'liest bidder; and if the latter shall not pay the amount of his bid wilhin t\\(> days there- after, the sales upon which the bids wvvc made shall be s(>t aside by the Connuissioners, and the property shall be considei'(>d as ]ia\'in^' been bid in in the name of the Disti'ict of Columbia. In case iioother })erson t)ids.or bidsai'c insullicient to co\-cr aniomit of taxes due, together with ])enalties and costs, the colUn'tor shall bid the amount due, together with ])enalties and costs, and purchase it for the District; hut ])r()i)erty so bid in for the District of C'ohunbia is not thereafter exempt from taxation. Failure on the part of the District to enforce tlu^ liens thus acipiircd (lo(>s not reK>ase property fi'om any tax that may be d\w the District. lunnediately after close of sale, upon payment of ])urchase mone}', the colI(>ctor uuist issue to all purchasei's ccrtilicates of sale, and if the projHU'ty is not rediH'med from stiid sale within two ycai-s from last day thereof l»v paymcMit to the colh^-tor for th(> use of tli(> holder of the certilicate the amount for which j)roperty was sold, c.\clusi\(' of sur- plus, and 12 per cent per aniuun thereon, a deed nmst be given by the Commissioners to the holder of tlu> certilicate, which (.U'cd is admitted to be prima facie e\ idence of a fee-sinn)le title. Ko (U^'d, liow(>\'er, can ])e issued until all taxes and assessnuMits due on the i)roperly arc paid, including taxes foi- which the l)istrict purchased ])ro|)erty at tax sal(>. Nor nmst said deeds be extnaited if it sh:dl be disco\-ered that sales were for any cause invalid and ineil'ectual to pass title to i)rop- erty sold, in which case the (\)mmissionei-s must canctd the saU^ and refund the ])urchase money with (! \)cv cent per aiuuun interest, togetluM' with the surplus, if any. If any conveyance made by th(> Connnissionei-s of ])roperty sold for taxes shall be s(4. asid(> by th(> court, the i)a,rty in whose faxor the decree is rendered nuist pay to the parly holding the con\eyance the amount paid for such taxes and conveyances, with interest at G per GOVERNMENT OF THE UISTKLCT OF COLUMBIA. 149 cent per annum. When an}^ tax sale is for an}' n^asoii 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 leo-jil disability arc allowed one year after attaining- aye oi' aftei- remo\al of sucii disal)ility to rede(>m prop- erty sold or bid oil by the collector of taxes by payment ol" the amount of purchase money with 8 per cent per amuun interest, together with all tax<>s and assessnuMils that have been j)aid thereon by the ])iii'chaser between th(> date of sale and date of redemption with S |)er cent i)er annum interest on the amount of such tax(^s and assessments. Property sold as aforesaid is rc^deemable from said sale at any time within two years after last day of sale by paymiMit to the collector of ttixes, for the use of the holder of the c(Mlilicate, the sum miMitioned thei'ein, exclusive of surplus, with interest thereon at 12 per cent per aniunn afb^r date of such certificate. DISroSA], Oi-' srui'LUS. Any surplus I'cmaining after collection of tax, penalty, etc., niust be deposited I)}' the collector to the credit of the surplus fund, to be paid to owner or owners of property in the same maimei" as other payments made by the District, l)ut if any property sold as aforestiid is redeemed from sale witliin the time allowed, the surplus collected at time of sale nmst bo paid to holder of c(^rtilicate. LIST OF SAIJOS Td HK KllJOl) Wll'II KEC'OKDEK OK DKIODS. The collector is re([uired, within twenty days (exclusive of Sundays and holidays) after last da\- of sale, tt) file with the recorder of deeds a written report stating property sold other than that sold to the Dis- trict of C()lum])ia, to whom it w;is assessed, taxes due, to whom sold, amount paid, date of sale, cost of sale, and surplus, if any. SALIO OI'' I'llOl'KKTY l!lll IN \:\ Til 10 DISTKICT. If property bid in foi- the District of Columbia shall not liaxc b(>en redeemed within two years from last day of sale by ]);iyment of taxes, penalties, and costs due at time of sale, and 8 p(>r cent per annum th(M-(>on, the ( 'onnnissioners may sell said pi-operty at public or private sale, and issue to the ])urchaser a deed, which shall have the same force and ellect as the deed provided for property sold at regular annual sale. The collector of taxes may, at any time before^ expiration of time allowcnl for redemption of property )»id in for District of (V)hnnl)ia, issue certillcat(\s of taxes to any person applying- therefor, and if prop- ert}' is not redeemed within two yetirsfrom date of said certificate, by payment of the fac(^ of tlu* certilicate, exclusiv(> of sur})lus and 12 per c(Mit per annum thei'con, the C\)nnnission(U"s shall issue a deed to the holder of the certilicate, which degular annual tax sale. Deeds, however, shall not be issued, either in case of propert}^ bid in foi* 150 (U)VEKNMKNT OF THE DISTRICT OF COLUMIJIA. the District which has not been icHlcciiicd w itiiiii two years, or pro])(M-ty hid ill for Ihc Disti'lct upon which cxu'tilicatcs of sale arc issued within redenii)ti()n period, unh'ss all taxes and assessments due on tlie prop- erty are paid; nor if th(> saU' (o Ihe District was for any cause iin^alid or ineffectual to o-ive title to Ihc property. (Acl 'IuIn' f . I'.'O'i.) LIST dl'' I'KIII'IOIM'Y SOI.I) !<'( H; 'I'/WIOS (il'ION 'I'd ITIil.ir 1 NSl'hlt 'Til )\. ■ The assessoi' is i'c(|uirc(l to prc|)arc and kecj) in his o11ic(\ foi' public inspection, a list (if all real estate sold I'oi' non])ayni('nt of ^-eniM-al or special taxes or assessments, said list to show the date of sal(\ for what taxes sold, in wliost^ name assessed at, time of sale, amoimt of sale, when and t<» whom convey(Kl. if deeded, oi-if re(|eenied from sale, the date of redemption. (27 Stat., l'>7.) C()L1,I0("I'I()N' AND DIOI'OSrr i)V KlCVIONin-'.S. It is the duty of tlui collector of taxes foi- the District of Columbia to colle<,'t all re\'enues of the District anddei)osit the amount collected daih' with the 'rr<'asurer of the Tnitcd States, and he is held responsi- ble under his bond foi' all taxes except such as he may not \m able to collect after fully com])lyinu' with the re(|uirem(Mits of law. (20 Stat., 4f')l; 27 Stat., l:*..) Section 2 of th(> District aj)propriati()n law of Marcli )>, 1S8I>, pro- scribes- — Thai licrcal'lcr all iiioneyH u))])roprialc(l lor llic cxik'UHch of liic jiovciinuciit el' llie Districlcf ('(iluiiiliia, l()<.a'lli(T w illi all i-cvcmics of Ilie Itislricl of Coliiinl)ia, from taxes or otherwise, nhall bedrposiled in tiie 'i'reasniv of Ihe I'nilcil Slale.s, as re(|nire(l by tlie provisions of section 4 of an act apjiroved .Tune 1 I, 1S7. A. 248.) cKi;'rii'"iici) s'rATK.MKN'rs oh" tamos. The assessor is i-e(piired to furnish cci'tilied statements, o\'(U- his hand and official s(Mi1, of all taxes and assessmeids, o(>nei'al and special, that may l)e dtu^ and iiii[)aid at the time (d" makino' said certilicates. For each certiticate a fee of 50 cents must be jKiid to tlie collector of taxes, Wluui such certilicat(> is issued, it is a bar to tlie collection fi"oiu any subs(M[uent purchaser of any tax or assessment omitted from, and which may be it lien upon the real estate mentioned in, said certificate; ])ut such omission does not affect the liability of the person \\ho owned the propert}' at the time such tax was assessed. (27 Stat., y>7.) KKASSIOSSMKN'I'S. The Connuissioners of the District of Columbia, aie authorized and directed, in cases where general taxes or assessments for local improve- nients are quashed, set aside, or diM hired void by tlie supreme court of the District of Colum])ia by reason of imperfect oi- erroneous descrip- tion of the property against w hi( h same was levied, b^- reason of such tax or assessment not having- l)een authenticated by proper officer, by reason of a defective i(»tui'n of service of notice, or for any technical GOVERNMENT OF THE DISTRICT OF COLUMIUA. 151 reason other tluiii the ri^lit of tlio public authorities to levy the tax or assessirient, to reassess the property in (Question, with power to collect such reassessment. Said reassessment, however, must be made within ninety days after judgnietit oi- decree of court quashing- or setting aside such taxes or assessments. Any amount theretofore paid on the assessment which lias })e('n declared void shall be credited upon the reassessment. (29 Stat., U8, and 30 Stat., 721.) DESIGNATIONS OF I'ARCUiLS f>F LAND. A(;t of Mai'ch .'i, l.sl>i), prescribed a system for immberino- each lot, part of lot, or parcel of land in the District of Columl)ia. The ol)ject of this act was to ])i'<)('ur(' uniformity in this respect and to prevent duplications in nunibcrs. TKANSCRIPTS OF DEEDS, WILLS, ETC. Act of March ?>, 1899, section 3, is as follows: That the Coniinissioners of the District of Columbia shall cause to be made a daily transcrii)t and entry on the records of said assessor of the designations of lots or ]>arccls of land in said District appearing in instruments of conveyance received for rcc'ord in thc^ ollice of the recorder of deeds and the designations of lots or parcels of land in said District transferred by probated wills; and the per- son or persons whom the Commissioners of said District may designate for the purpose of making sucli transcrijjts shall fortius purpose at all times, during oflice hours, have full access to the records of the recorder of deeds and tlie register of wills of said Distric't. * * * Special Assessments. assessment and j'ermit work. 'llie Connnissioners of the District of Columbia ar(i authorized (28 Stat., 247 and 2-18), whenever in their judoment 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 al]e3'S and sidewalks, and to construct sewers and sidewalks of such form and materials as they may determine, and to ])ay tlu^ total cost of said work fi'om ai)pr()priations for assessuKMit and permit work. Notice nuist be given by advertisement, twice a week for two weeks, in two news])apers published in the city of Washington, of any such assessment work proposed to l)e done, designating the location and kind of work, specifying the kind of materials to be used, the esti- mated cost, and lixing a time and place when and where property owners about to bo assessed may appear and present objections thereto and for hearing thereof. One-half of the total cost of such improve- ments, including ex])enses of assessment, must be charged against and become a lien upon abutting prop(U'ty, and assessment therefor must be levied pro rata according to the linear frontage of such proj^erty. Notices of the levying of such assessments nuist 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 l52 GOVERNMENT OF THE DISTRICT OK COLUMBIA. liis or her residence iiiikiiowM, such iiolicc must he ser\'e(l upon liis or lun- ay-eut or tenant, as the case may l)e; and if (hei'e h(> no ag-ent or tenant known to th(^ Commissioners, then thev shall L;i\(' notice of such assessment hy adxcrtisement, twice a week for I wo weeks, in some newspaper published in (he District. Service of such notice where owner oi- his or her tenant- or ;io-(>nt resi(h's in Ihc District nuist be either ])ers()nal oi" by leavino- the same with some person of suitable ag"(\ at th(^ i'esid(>nce or ])lace of businciss of such ao-(>nt, owner, or tenani, and return of such sei'\ice must be made in writini.'- and tiled in the ollicc^ of the C'ommissionei's. The costs of [)ublication of notice and sei"vice of notices are paid (»ut of tiit^ appi'opriation for assessment and [)erniit woi'k. Onedialf of the cost of such woi'k must i>e })aid to the collector of taxes as follows: One-thii'd within sixty days after sei'\ice of notice of assessment, without inter(\st; on<' third within one year. :md the remaindei' within two years fiom date of sei"\ice of notice, interest being- charged at S \)ov cent i)ei' aiunun fi-om dntc of sei'\ice of notice on amounts un])aid at expiration of sixty days after s(M'\ ic(^ of notice of assessment. Any pi-o))ei-ty upon which such assessment and accrued interest thereon, or any part thereof, remains unpaid at expii'ation of twoyc^ars from date of serxice of notice of ass(\ssment, shall be sid)ject to sak^ therid'or under (lie sami^ conditions and penalties imposed for non})ay- ment of general taxes. If any [)r<)])erty, ass(>ssed as heretofore exi)lained, shall become liable to sale for any otiier assessment or tax whatever, then the assessments levied as hereinbefore explained l)ecomc innnediately due and payable, and tho property against which they are levied may \)o sold therefor, togethei- with tlie accru<'d interest thereon and the costs of advertising to date of such sale. Pro]:)erty owners who recpiest iin[)i'o\ements under the ])ermit system must deposit, in advance, with the collector of taxes, an amouid ecjual to onedialf the estimated cost of such improvements, and in such cases it is not necessary to gi\-e notices, as h(M'einl)ef(')re stated. All moneys receix'cd by the colhH'toi' of taxes foi- woi-k done upon request of pro|)erty owners nmst \io d(>posited by him in the Knifed States Ti-easury to th(> crcnlit of the permit fund. Upon completion of the work done, as aforesaid, at i-e(|uestof prop- erty owners, the Commissioners must repay to th(^ then cui'i-ent appro- priation for assessment and permit work, out of the permit fund, a sum equivalejit to one-half the cost of the work, and shall retuiii to the depositors from the said fund, when application is made therefor, any surplus that may remain over and abo\e one-half tln^ cost of the work. (28 Stat., 247 and 24S.) llOUSi:; CONNECTIONS. The cost of service connections with water mains and sewers are assessed against the lots for which said connections are made, and (GOVERNMENT OF THE DISTRICT OF COLUM15IA. 158 colloctod in same manner and upon same (conditions as to notice, as provided for assessment work. (^8 Stat., 248.) OPENINCi, VVIDKNINd, EIC, OF MINOIl STJJEKTS AM) AI.LKYS. In the opening, widening-, extending, or sti'aigbt(>ning of minor streets or alk\vs the Commissioners arc authorized to make application in writing to llic marshal of the Distri(;t of Columbia to summon and imj)ancl a jury of twclxc citizcms who have no interest in th(» real estah' in cjucstion. Jt is the duty of the marshal to sunnnon and impanel the jury, who, having taken oaths in writing to discharge the duties imposed upon them, shall ascertain and appraise the damages which may accrue to any real estate by said opening, widening, extend- ing, or straightening of minor sti'ccts or allej's, which damages shall be the \'alue of the land at the time of taking. Said jury shall file a statement in writing in the office of the Conmiissioners of the District of Colmuliia, and a du])licate in the ofHce of the recordei- of deeds, of the damages so ascertained and a[)})raised, and the amount thereof must l)e paid b}- the District of Columl)ia to the persons respectively entitled thereto out of an}^ funds availal)le therefor. The jur}^ shall also apportion, according to the beneiits sustained by each lot or part of a lot of land in said s((uare 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 $;■) for ser^■ice of marshal when actually employed and $5 per diem for s(>rvice of each of said jurors when actually empkn-ed. The jury shall make return of said apportionment to th(^ recorder of deeds and the Connnissioners of the District of Columbia, designating each lot or part of lot of land in sucii s(^uare so benefited and tlu^ amounts so apportioned to each, respectively. In case of failure to pay the amounts so ap])ortioned, the Conmiissioners, 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, jjearing Interest at the rate of 10 pei- cent per annum. The marshal must give at least ten days' written notice to each pro- prietor of land allected of the time and place of the meeting of such jurors, return of service of notice to be made ))y the marshal to the Couuiiissioners, the manner of delivery of such notices being more par- ticularly described in section 1613 of the Code of Laws of the District of Cohuubia. ((V)de, 1608 to 1613.) EXTENSIONS OF STREETS AND AVENUES. In the case of extensions of streets and avenues provided for by law, the Connnissioners are authorized to petition the supreme court of the District of Columbia for the condemnation of land necessar}' for such extension, said court appointing a jury for that purpose, and the jury making return of benefits and damages to abutting property. 154 GOVr:RNMENT OK TITK DISTKIOT OF COTATMBIA. Assessments ar(> thou levied for IxMictils (o nhiittiuo- property, sucli assessments bcino- piival)l(' in \\yo (M|ual annual inslalhuents, with interest at 4 per cent pei' aniuun after sixty is credited on ass(\ssment foi- henelits th(> amount of any award for dania_i;"(\s not in excess of said ass(\ssiuent. If the a,u'ss thsin on(^dialf of (h(> amount of award for dania^'es, the Commission(>rs may, in their discreliK WATIOK MAINS. The Commissioners of the l>isti'ictof C'ohmd)ia shall have (he poAver to lay water mains and water pipes and to erect lire plugs and hydrants wherever the same may l)e, in their jud,^"mtMd, necessary for the public safety, comforl. or health. (2V> Stats., l.Mt.) They shall hav(> all (he powers and be subject to all (he du(iesan Tnited States relating- to the District of C'ohuubia, e.\ce})tino- such powers and dudes as belono- (o the Chief of I'aioineers. (21 Stats., !».) Wiit(M--main taxes and water rents shall be unib)rm in said District, (lb.) Assessments for layinj;- water mains shall \)v at the rate of ^[.2^j per linear front foot aiiiiinst all lots or land abuttino- upon (he street, road, or alley in which tl'.e wa(er main shall be laid. CoiMier lols shall l)e taxed only on (heir front, with a di>p(!i of not exceediuiL;- bH) feet; any excess of the other front over 100 b>et shall be subject to abov(> rate of assessnuMit. (28 Stats., 275.) Own(M-s of ])roperty all'tH-ted nuist be notilied that the same has been assessed bv a notice to be ser\(Ml upon such ()wn(M- if ho oi" she be a resident of (h(> District of Cohuubia and his or luM- residence known. If tiio owner boa nonresiden(, or his or \iov residence unknown, notice shall b(» scrvetl upon his oi- her ae-ont or tenant. Service of such notice, wher(> (he owni^r or his or her a^'cnt or ((Miant resid(\s in the District of Cohuubia, shall be either p(U'sona! or by leaving- the same with some ])ers()n of suital)le a^-o at tlu^ residence^ oi" place of business of such owner, aj^'ont, or tenant, and return of such siu-vice, stating- the manner thereof, shall bo made in wi-itmg and liltnl in the office of the Conunissioiuu-s. If there bono agent or t(Mian( ktiown to the Com- missioners, notice of assessment shall b(> gi\-en, by the ollicer desig- nated by the Commissioners to perfoi'm that didy, by advertisement, once a w^eelc for two successive weeks, in some daily newspai)er pub- lished m said Dislrict. In said ])ublication each several piece of prop- ert\ must bo d(>scribed m separate paragraphs, and the costs of such GOVERNMP]NT OF THE DISTRICT OF COLUMBIA. 155 publication must be added to amount of assessment and collec' ^'^ ia the same manner that the assessment is collected. (Act of J'ebruarj 21, 1901.) Assessments ai-e pa-jilble in three. eqiml .in;^;.jilinents, the first being; puyable, without interest, within thirty days from the service of notice or of last pul)lication of notice of assessment, as the case may be; the scco'id within one year and th(> third witliin two yt'ai's from date of such service or of last jjublication of notice, interest at <; per cent })er antiiiiii ))eiiii;- charoed on all amounts remainino- uM})aid at the expira- tion of thirty days from date of s.) Any parc(d of land the entire area of which was assessed for water main b}^ the square foot, and su("h assessment paid under the provisions of act of legislative assembly approved .Tune -2'.), lsT.'5. is (wempt from further ass(\ssuient for water main, (ll)id.) If water-main assessments are quashed or set asid(> l>y the court by reason of !iny technicality, the Commissionei's are authorized to reas- sess the lot or parcel of land against which assessment was levied, but such reassessment nmst be made within thirty days from date of can- cellation. (Act of July s, 1898, and 29 Stat., 98.) The levy, assessment, or reassessment of water-main tax for water mains laid prioj- to June 2, 1900, becomes due, paya})ie, and collectible on each lot, parcel of land, or premises on and after the date on which tlie connection is made from tlu^, water main to the said lot. parcel of land, or premises; but assessments for mains laid sul)se(juent to June 2, 1900, IxH-ame du(\ payable, and collectible imm(>diat(dy after the levy, regardless of the date of the introduction of water. (.10 Stats,, 722.) Outside of the city of Washington assessments again.st land not sub- divided into blocks and lots must be niiide on a frontage of not exceed- ing 100 feet for each lot or parcel of land, and shall be eonsidercHl in any subsequent su))division as extending to a d(q)tii of not exc(>eding 100 feet from the front of said lot or parcel of land. (:;() Stats., 722.) ^Vater-main assessments nuist be levied and authenticated by the Conjmissioners of the District of Columbia, who nmst designate the official whose duty it is to notify the owner or agent of any lot or land of such assessments. (30 Stat., 722.) The assessor was designated for this duty by onk'r of Commissioners dated November 17, 1900. In any assessment or reassessment levied under provisions of act of Jidy 8, 1898, ownei- of lot or parcel of land assessed must be credited with an}' amount which may have been paid prior to date of said act upon any water-main assessment levied against such lot or parcel of land. (30 Stat., 722.) 156 GOVERNMENT OF THE DISTRICT OF COLUMBIA. *11P^^Ca'lusively for tlie support of the water department. (L. A.. June 23. IST?).) ]Vo XJ/r(y'(f/ asxi'xxiih'iifx d I'c hrlcd far fhi' cosf of (/i'r jxi rtiKJ ctirrktgewayx. ASSKSS.MKN'l'S FOK RIOMI )V I N( i (Hi SECURING DAN(i f^Hors STKrCTl'RES. The costs of remo\iiiij;- or securino-, ))y the District of Columbia, dangerous structures, upon refusal or neglect of owners to perform such work after chl(^ notice', nmst be assessed agabist the land upon which structure or structures stand or stood, and unless sucii assess- ment is paid within ninety days fi-om ser\ice of notice the sana^ shall bear interest at ratc^ of b' pei- cent per aiuumi from date of assessment until paid and shall he collected as general taxes are collected. (30 Stat, 123.) ASSESSMENTS FOK INCLOSIX(! I )A NC '. EROl'S WELLS, ETC. The cost of fencing or otherwise inclosing, t)y 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 agabist ihe property on which such nuisanc(\s exist, the tax so assessed to hear interest at rate of 10 per cent pei- annum and to he carried on regular tax rolls and collected in manner ])ro\ided for collection of other taxes. (30 Stat., 924.) ASSESSJIENTS FOK KEM()\AL OF WEEDS. The expense of removal. l>y the District of Colunihia, of weeds of 1 inches or more in height from inioccupie(l laiAl in the city of Wash- ington or its mor<> densely' populated su])urhs, upon failure or n(\gloct of owner to perform such work, shall be assessed against the propert}^ on which such weeds were located, and said ass(\ssments 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., 059.) ASSESSiMENTS FOR DRAlNINCi 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 In-law, the Commissioners shall cause such connections to he made, the expense to be paid out of the emergencj^ fund, such expense, with necessary costs of advertising, to be assessed as a tax against such lots, which tax GOVERNMENT OF THE DISTRICT OF COLUMBIA. 157 shall be curried on regular tax rolls and Ix^ (;ollected in uiauner pro- vided for collection of other taxes. (29 Stat., 126.) The Commissioners are also authorized to make such connections upon any street or avenue al)out to ])e paved or otherwise improved l)efore 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-KAILW A V CROSSINGS. The CommissioniM-s are authorized and j-('((uir('0 Stat., 189.) ASSESSMENTS FOR CLEANINC! OF OFFENSIVE CESSPOOLS. For cleaning oti'ensive cesspools, l)y the District of Cokunbia, 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 ])enefited, which t;ix shall ])e carried on the regular tax roll and collected in the manner provided for colU>ction of other taxes. ' (30 Stat., 233.) LKillTINd TRACKS OF STEAM RAILWAY COMPANIES. All railway companies using engines propelled by steam nuist pay the District of Columbia for the lighting of the streets, avenues, lands, and grounds through ^vhicll their tracks mav be laid. In case of default of such pa_yment, actions at law may l)e maintained l)y the District of Columbia against said railway' companies. (22 Stat.. I02, and 28 Stat., 282.) The assessor is recpiired to annually cause to be prepared a printed blank schedule of all tiingible personal property and of general mer- chandise, stock in trade, owned or held in trust, or otherwise, sul)ject to taxation, and of the classes of corporations and companies to ])e assessed, together with the rate of tax prescribed, to which shall be appended an affidavit in ])lank, 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 may be. When said schedule is ready for delivery, notice thereof must be given b}^ the assessor by advertisement for three successive secular GOVERNMENT OF THE DISTRICT OF COLUMBIA. 159 days in one or inore 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 ofhce of the assessor. These schedules must be tilled out and sworn to, and returned to the office of the asses- sor within thirty days after the last publication of advertisement. The members of the board of personal tax appraisers are authorized to administer, without charge, oathg for this purpose. For failure to make return within specitied time, 20 per cent of assessed valuation of pci'sonal property is added. Upon the tiling of these returns the two memljcrs of the board of assistant assessors designated b}^ the assessor to assess personal prop- erty uRist, under the direction and supervision of the assessor, assess personal propert}". If the botird of personal tax ap]:)raisers is not satistied as to the correctness of any return of personal property they may reject the same, and said board, or anv one of tlie members thereof, may, from the best information he or they can procure, by making such an examination of the personal property as may be pi'acticable, assess the same in such amount as niay to him or them seem just, and notice of the rejectioii of the return shall be given to the party interested b}' 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 lifteen days after delivery of said notice of rejection. An}' person making a false affi- davit as to taxation of personal property 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 specitied, the taxation based upon the same is not, by reason thereof, invalid, but the a})praisers 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 any current year propert}^ subject to taxation shall be discovered to have been omitted from assessment, the board of personal-tax appraisers shall immediately 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 tive (act of July 1, 1902, and 28 Statutes, 282) assistant assessors, with the assessor as chairman, compose a board of personal- tax appeals, which must convene in a place provided therefor hy the assessor, on^^he IStli of November in each year, public notice of the 1()() GOVERNMENT OF THE DISTEICT OF COLUMBIA. time and pliico of such meeting having been given by advertisement for two consecutive secular days in two daily newspapers published in the District of Columbia. It is (he (hity of this board. b(>t\\H'(>n the day of con\ening and December ir» of (>ach year, to hear all ai)peals mad(^ t)V any person or ])ers()ns against the assessments made by the l)oard of })ersonal-tax appraisers, and to imi)artially e(iuali/(^ the \ abla- tion of said personal })roperiy as the basis for assessnuMit. Anv four memlxM's of said board shall constitute a (|uoruni for busi- ness, and ill the absence of the assessor a temporai'y chairniaii nuiy be chosen. The board is empowered to diminish or iiici'(>ase such assess- ments as they may belie\«' to \va\v been retui"iied at other tiiaii their true \alue to sucii amount as in t heir opinion maybe the \ alue tluM'cof, and the action of the boai'cl in such cases is linal. DISTUAINT AND SALK. When the taxes on personal ])ropcrty due and j)ayable in each year shall not be paid on or before the 1st of June, the collector of taxes or his deputy may distrain sullicient goods :uid chatt(ds found within the District of C'olumbia and belonging to the i)erson charged with such tax to pay the taxes remaining due, together with tlu^ ]ienalty tlien^on, and the costs that may accrue; and for want of such goods and chattels said collector of taxes may levy u})on and sell ni auction the estate and interest of such person in any parcel of liiiid in said dist rict; and in the case of the le\y on any estate or iutcu'cst in land the ])r()ceediiigs subse- ((uenttosale thereof are the same as pro\'ided by law in the case of sales for arrears of taxes against real estate; and in cas(^ of distraint of per- sonal property or the lev}' upon real estate, as afori'said, the collector of tax(^s must imnunl lately proceed to advertise th(>saine by public notice, to be posted in the office of said colUu-tor, and by advertisement three times within one week, in one or more of the daily news})apei"s pub- lished in said District, stating the time when and the })lace where such property ^\ ill b(>s()ld, the last i)ublicatioii to b(> at least six days Ixvforc the date of sale, and if the said taxes and I'teiially thereon, and the costs and i'X])enses which shall lia\'e accrued thereon, shall not be paid before the day fixed for such sale, which must not be less than tiMi days after said \v\y or taking of said ])roperty, the collector must proceed to sell at j)ublic auction in his ollicetothe- higli(\st bidder siu'h property, or so much thei'cof as ma\' be needed to pay such taxes, penalties, and accrued costs and ex})eiises of such distraint and sale. Said collector must rei)ort in detail in writing every distraint and sale of personal property to the Connnissioners of tli(> District of Colum- bia, or their successors in office, and his accounts in respect to every such distraint or sale uuist forthwith be submittetl to the auditor of the District of Columbia and bo audited by him. Any surplus result- ing from such sale over and above such taxes, costs, and expenses GOVEKNMENT OF THE DISTKICT OF COLUMBIA. 161 must be paid into the Treasury, and upon being claimed by the owner or owners of tlie goods and chattels aforesaid must be paid to him or them upon the certilicate of the collector of taxes stating in full the amount of such excess, RATK OF TAXATION ON PEKSONAI, PROPERTY. On all tangible personal property 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 prixate banks and baiikiU's, general brokers, and note brokers dat(^ from the 1st day of July in each year and expire on the 30th day of ,Iune following. Said taxes date from the lirst day of the month ill whicli the lialjilit}' begins, and payment must be made for a proportionate amount. EXEMPTIONS OF PERSONAL PROl'ERTY. The following personal [uojjerty is exempt from taxation: The personal property of all lil)rary, benevolent, charitable, and scientilic institutions incorporated under the laws of the United States or of the District of (\)lumbia and not conducted for ])rivat(> gain. Libraries, schoolbooks, wearing apparel, articles of personal adorn- nuMit, all family portraits, and heirlooms. Household and other belongings, not held for sale, to the value of $1,000, owned by the occupant of any dwelling house oi' other place of abode, in which such household and other belongings may be located. PENAIjTV FOlt VIOLATION OI'' J>AW. Any person violating any of the provisions of tiie personal-tax law is lia])le to a penalty of not exceeding $500 for each olfense, such l)enalty to ])e imposed u})on conviction in the police court of the Dis- ti'ict as other lines and penalties arc; imposed, and in default of pay- UHMit of such })enalty the ])erson or persons so convicted shall be imprisoned, in the discretion of the court, not exceeding six months. (Act approved July 1. r.»02.) 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 lic^ense. Applications for licenses nmst be mad(; to the assessor, ajid no license can be granted until payment for the same shall hav'e l)een made. Each license must specify the name of the person to whom issued, the business, trade, profession, calling, etc., for which 14218—03 11 162 GOVERNMENT OF THE DISTRICT OF COLUMBIA. it i.s g-ranted, and tln^ location at wliicli ^ucli business is to be carried on. Licenses may l)e assigned or transferred upon application, under the terms and conditions applicable to the original granting of the same, and the assessor nuist issue a certilicate of such transfer upon paj'ment of a f(M> of oO c(Mits. When nioic than one business, trade, profession, calling, etc., for which a licens(> is prescribed, shall b(> car- ried on by the same person, a lic(Mise must be obtained for each such business, etc. Tjicenses are good only for the location designated thereon, and no license can be issued for more than one place of l)usi- ness without paymcMit of separate lax for each. All licenses date from the ist of November and ex])ir(» on I he 81st of October following, except those specially designated in the following list. Licenses issued at any time after bt^oimiing of licens(> year date from first day of month of issue and end \\\o last day of licensi^ year, })ayment being' made for proportionate amount of license (ax. In cases where license is less than $5 per annum they terminate one year from iirst day of month of issue. No one holding a license is p(M'mitt(Ml to allow ;niy other person chai'ged with a separate lic(Mis(> to operate under his license. All licenses nuist l)e conspicuously posted on premises of the licensee, and be accessible at all times for inspection by police oHicers or others authorized in that res])ect. LiccMisees ha\ing no h)cated place of busi- ness nuist exhibit their licenses when re(|uested to do so \)\ proper authorities. Applications for licenses t"or hotels and theat(>rs nuist ha\'e written appro\al of inspector of t)uiidiiigs and cliief of lire depai'tment. Any license issued to proprietoi' of a theat(>r or other pid)lic place of anmsement may l)e terminated by the CommissiontM-s whenevcM- it shall appear to them that after dwr notice the piM'son holding such license shall ha\'e failed to comply with such icgulations as ma}' be prcscril^ed by th(> Conunissioners for the public decency. (Act of March 1, 11H»1.) Proprietors of hotels can not ol)tain a license for less than $80 per aninun. An act to pr(>vent fraudulent transactions on the part of commission merchants, approved March lM. 1S!>2, is made ap])licable to auctioneers, their agents, and em[)l()yees. Driyers of lic(Mised passenger \('liicles, while transat-ling such busi- ness, nuist wetir upon their breasts a badg(» numbered to correspond with license of his vehicle, such badge being furnished b}- District of Columbia upon payment of fee of 50 cents. In addition to license for proprietors of liNcry stables, they nmst obtain licenses foi- any vehicles ownied by thcMU occupying public stands. The Commissioners must approve applications for licenses for yehi- cles for transportation of passengers operated over a definite route. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 163 Dealers in general merchandise of every description must pa,y li per cent on their average stock in trade for the preceding year. It is unlawful for any person or persons (Mitering the District of Colum1)ia su])sequent to Junt^ 80 in each year and estal)lishing a place of l)usiness for the sale of goods, wares, or mercliandise, 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 Colum])ia, who shall thereupon render a l)ill for the unex- pired portion of the fiscal year at the same rat(^ as other personal taxes are levied. Tht^ assessor is authorized to reassess said stock whenever in liis judgment it has been undervalued. The goods, wares, and mer- chandise of any person or persons who shall fail to pay the tax rec^uired within three days after beginning business are sul)ject to distraint, and the assessor must place hills therefor in the hands of the collector of taxes, Avho nmst seize sufficient of the goods of the delinquent to satisfy said tax. The owner, however, has the right of redemption within thirty days on payment of said tax, to which nuist 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 recjuired 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 otficers, nuist make atfidavit 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 day 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, (> 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 by each national or other incorporated bank and each trust, gas, electric lighting, and telephone company in the District of Columbia is taxed iis other real estate in said District. Street railroad companies pay 1 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 indiA'idual or indi- viduals, such as bonding companies, pay 1^ per cent of their gross receipts in the District of Columbia. Savings ])anks having no capital stock and l)aying 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 104 (JOVKKNMENT <)F THE DISTKKJT OF CULUMJUA. Auo-ust ill (>ii('h your us to the. iiniount of their surplus and undivided ])r<)lit.s, !ind pay ii sum ('((iiii! to lo per (•ciit on the amount of th(Mi' sur|)lus and uiuli\'i(h'd i)i'o(its on the llolh day of June precedinu-. ']'h(i capital stoek of all corporations other than those liercrin provided for, oj'oanized in the District of (lolumhia oi- under the laws of any of the States or Tcrritoi-ies of the Tnited States, chielly for the |)urpos(5 of, and transacting" ])usiness within, the Disti'ictol" ('oiuiiit)ia, except those exempted by the laws i"elatin<4' to the Disti-ict of ( '()luiiil)ia, is apprais(Hl in bulk at its fair cash \ahie by the board of |)ersoiiai-tax ap})raisers, and the corporation issuing- the same is liabhi for tlui tax thereon according- to such \'ahie, and must, ])ay a sum e(|ual to 1 A per cent on the assessed valuation thei'eof; but from tlie assessed xaUiation of such ca})it!il stock is tii'st (hnhictetl the \ahie of any and all real estate owned by such cor})oration in said Pisti-ict, wiiich ical estate Is separately taxed auildin<4' associations ])ay to the collector of taxes of the Distiact of Columbia 1 |)ei- cent [)er annum on theii" oross eai'iiini^s for tli(^ pre- cediiii^' 3'ear ending- dun(\ oi). Ail taxes levied und'er the fore^oiii*^- pro\ isioiis of this law are due, payable, and collectible in iMay of each year, and are .subject to tiie same penalties for iionj)ayment thereof as the <*'eneral tax on real estate, until disti'aint or sale. Pi'ivate baidvs or l)ankei's, not incoi"{)orated, pay a tax of $500 per annum. (Jenoral brokei's })ay a tax of $ijr>0 ])er annum. The Wash- int^ton Stock Exchant^c pays $;jOO ])er annum in lien of tax on mem- bers thereof foi" business dcme on said exchang(\ Any broker who is a member of a reiiularlv oriianized stock <'.xchanj''e located outside of the District of (lohunbia and ti'ansactinu' a biokiM'aMe businc^ss th(>reln, pays $10(» pel- annum. I f any person or linn shall !ia\'e i)aid the tax providinl for banks and baidvers, such person or liini can not a<4'ain be taxed as a broker or brokers. Note broker's })ay a tax of ij^loo pvv annum. lv\ce[)tions are made of <'()operative associations whose busi- ness is resti'icted to the mendx'is of such association. For entertainments o-iven in church ])remises or private residences, where the ])i'oceeds arc^ for church or chai'itable ])urposes and no rental is charged, no license is re({uired. 7Vp[)licatlons for licenses for shootino- oalleri(!s must be accompanied witli cei'tificate from iiis[)ector ol' buil(lin«j;s tJiat suita})le precautions have been taken for i)iil)lic safety, and with written authority from maiority of occupants and residents on the same side of the scpiare in which proposed gallery is to be located, and also on confronting side GOVERNMENT OF THE DISTRICT OF COLUMBIA. 165 of tlie sqnaro. fronting- opposite to the siime. The chief of police is authorized to prescribe the caliber, Hrearnis, and kind of cartridg'es to })e used. The Commissioners have discretion to refuse li(;enses for merry-go- rounds, Hying hoi's(>s, etc. Applications foi' licenses for massage establishments, mediums, clair- voyants, soothsa3'ers, fortune tellers, and palmists nuist have the a])proval of the chief of police. Hucksters are furnished with ])adges corresponding* to number of license, which nuist l)e worn while transacting business, in addition to a corresponding luunber which must be attached to their vehicles. Hucksters' licenses need not be procured })y persons bringing and sell- ing at the several mark(^ts produce of their own raising. The lire marshal nuist approve a[)plications for licenses for buildings for storage of inflammable materials. Persons \'iolating' an}' of the provisions of the license law, upon conviction thereof in the police court of the District of Columl)ia, are ])unishabl(^ by a tine of not more than $500 for each offense, and in default of piiyment, by imprisonment not exceeding thirty days, in the discretion of the court. (Act approved July 1, IDO'J.) PKKMIT KEES, LICENSE FEES, AND MISCELLANEOCS CHARGES. [NoTiOS. — L. A., legislative dssemiily; B, U., buildiiif,' rcKiiliitioiis; W. 1)., Webb's Digest of tlie laws of tile former eity of Wasliiiigloii. * Indicntes thiit llie fee is not a i)Ul)lic revenue.] AfiriculUinil exhibits, NoveiiihiT 1, $]()() jicr aiiiiiini, 810 ])er week, $5 each subse- (lueiit week, $'.> per day. Amusements not otherwise provided for, Novembei- 1, $100 {jer annum, $10 per week, $5 eaeh subsequent week, |.3 per day. A])()the(")ries, Novenil)er 1, &') ])('!• annum. Art exhibils, November 1, §100 ])er aiumm, $10 per week, $5 each subae(juent week, $;5 per day. Atldetic grounds, $20 per week, $5 per day. Auctioneers, November I, $100 ]X'r annum. Automalic nuichinc.'J. (Sen- Slot niacliincs. ) Automobiles, anlo\'ehicics, etc., .Inly 1, $0 ]>cr anmnn. AutonKjbile establisiiments, Novend^er 1, $25 license for ten vehicles or less per annum, $2 each aardaths, November 1, $25, Turkish, Russian, or medicated, per annum. T'iJlpostcrs, November 1, $20 i)er annum. Billiard rooms, November 1, |12 per annnm for each billiard, bagatelle, jenny lind, or pool table, shutlle board, or other legitimate game table. Boarding houses (publir), Novcnd)er 1, $1 per annum for each rocjm. Boiler and engine })crmits, $1 each plant. (B. R I'oxing schools, November 1, $12 per annum. Brewers, November 1, $250 per annum. 166 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Brewers' aorents, November 1, $250 per annum. Jirokcry, real estate, November I, $50 i)er aiimini. Jirokers, raiboad tieket, November 1, si!,") peraiimim. Brokers, general, .hily 1, $250 per anmim. Brokers, general (members of stock excbaiitrc ), .Tnly 1, $!()() pc^r annum. Brokers, note, July 1, $100 |)er annum. Building contractors, November i, !^25 per anmini. Buildings, new, ])ermit for, $2 eacb building. ( 1'.. R., sec. '■'>'.'>.) Ijiiilding permits, i-epairs or alterations, $1 each building. (1>. ll.,^sec. ;!1. ) CJarnivals, Novemljer 1, $100 per annum, $10 per week, $5 each subsecjucut week, $3 jicr than one animal, ]>crau!unn; $!), by (jthei' motive j)ower, ])eranmmi. Carriage and wagon making establishments, November 1, $25 per annum. Cattle (lealefs, Xovendier I, !^15 per annum. Cattle exhibits, .November I, $100 per aminm, $10 jier week, $5 each subseiiuent week, $'.i i)er day. Cigar dealers, November 1, $12 j>er annum. Circuses, $200 ]>er day. Claim agents, Novend)er 1, $25 |)er annum. Claiivoyants, NoviMnber 1, $25 per annum. Connnissiou merchants, November 1, $10 per annum. Concerts, $H per night. Confectionery establishments, November 1, $12 per anmun. Contractors of all kinds, Novendx'r 1, $25 i)er annum. Cook shops, November 1, $bS per annum. Dairy lunches, November 1,$1K |ier anmun. I)((adly and dangerous weajxins. Dealers in are re(|uired to file bonds of $1,000 each, but no fee is charged. (27 Stats., 117.) Dealers in markets, Novendier 1, $5 peranmim. Death, certificate of, 50 cents each. (29 Stats., 095. ) Dental examiiu'rs, board of; examinations 1iy, $10; certificates of, $1. (27 Stats., 4.'].) Distillers or rectifiers, NovcMuber 1, $250 jji-r annum. Dog licenses, $2 each dog per amnnu. (20 Stats., ]7;>. ) Dogs, release of, from pound, $2 each dog. (20 Stats., 174.) Druggists, November 1, $(> per annum. J'lating houses, November I, $1H per annum. Electromobiles, July 1, $9 ]ier anmun. Employment offices, November I, $10 jier annum. ' Engineers, steam. (See Steam engineers.) I'aitertainments, $.'5 per night; Entertainment halls, November 1, $100 per annum, $10 ])er w(u'k, $5 (^acli subsequent we(d<, $."! per day. Excavations in streets, $1 each. ( B. R., sec. :'>!.) Exhibition halls, Novemlx^r 1, $100 per annum, $10 jier week, $5 each subsequent week, $3 per day. Exhi})its — agricultural, art, cattle, floral, food, freaks, in(histrial, mechanical, nmse- um.s, poultry, side sliows, etc., Noveud)er 1, $100 j)er annum, $10 per week, $5 each subseijueut week, $3 ])vr day. Fairs, Novend)er 1, $100 ])er annum, $10 per wi'ek, $5 each subse(|uenl week, $3 per day. Fencing schools, November I, $12 jk'i- annum. Fish-wharf jjrivilege, annually sold to highest bidder. (W. D.. 147.) * Fish-wharf charges: Sliad and other large fish at the rate of 20 cents ])er 100, her- ring at the rate of 20 cents per 1,000. ( W. D., 147-1 19.) G0VERNME:NT of the DISTEICT of COLUMBIA. 1G7 Florists, November 1, |15 per annum. *Flour, insjiection of, 1 cent and one drawing per barrel or half barrel; 1 cent per 196 jtounds of flour in sacks; $5 in appeals to commissions of flour insi)ection. (30 Stats., 766.) Flying horses. (See Merry-go-rounds.) Football grounds, $20 per week, $5 per day. Fortune tellers, IS'ovenil)er 1, $25 per annum. Fuel hucksters, November 1, $5 per annum. Gas meters, inspection of, 50 («nts each new meter, 20 cents for each repaired meter. (18 Stats., 279.) General brokers, July 1, $250 ])er aniumi. General brokers (members of stock"" exchange), July 1, $100 per annum. Golf grounds, $20 per week, $5 per day. Gymnasiums, November 1, $12 per amnun. Hacks. (See (Carriages. ) Hand laundries, November 1, $10 per annum. Hay scales, annually, on (ir about July 10, sold to the highest bidder at public auc- tion. (L. A., 369.) Hay, straw, fodder, or oats in tlie straw, fee of weighmaster for weighing: *For loads of 500 ])oun(ls or less, each, 10 cents. (L. A., 368. ) *For loads between 500 and 2,000 pounds each, 35 cents. {Il>-) *For loads over 2,000 pounds each, 50 cents. (Attorney's Opinions, vol. 4, 309- 485. ) *For bundles or packages, each, 2 («ents. ( \j. A., 368"). Heating [)lants, changes in, permits $1. (B. R., sec. 31.) Hotels, November 1, $1 per annum for each room for the accommodation of guests. Hucksters, vVpril 1, $12 per annum for each vehicle. Ice-cream parlors, November 1, $18 jier amnun. Improvement and land companies. (See Land and improvement companies. ) Inilannnableoils, Novend)er 1, $10 per annum for storing cpiantity exceeding 5 barrels. Information bureaus, November 1, $10 per annum. Insurance: All companies and associations. For filing charter and other ([ualifying docu- ments, together with i.ssuing license to comi)any, 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 liusiness from another comjjany, or from agents or rei>resentatives of any other company, is re(iuired to procure a "general insurance license." Foreign comi)anies. 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 conqiany issuing its own jiolicy to a person in the District of Cohnnbia is not re(iuired to he represented by a principal or policy-writing agent. If such a company desires, however, to do business in the District by issuing policicis there, then its rejtresentatives must hold a "general insurance license." Principal or pulicy-writing agent's license. Fee to be paid by the agent, $50. This "general insurance license" may b(^ issued to a person, or a firm not exceeding two members, or an association, or to a corporation, or se(;retary 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 tlu> licensee to a]>point solicitors for each com- pany he represents. A policy-writing agent may also act as Ijroker. 168 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Insurance — Continued. Brokers' ' 'general insurance license. ' ' Fee to be paid by 1 )roker, $50. This license carries with it all the privileges granted a ])rinci]ial or policy-writing agent, except that the licensee can not issue policies nor appoint solicitors. A broker represents no company, T)ut places the business he controls wherever he elects in conqjanies that are licensed to do lousiness in the District of Columbia. Solicitor's license. Fee to be paid by the solicitor, $5. A solicitor must be em- ployed in some t'apacity by a company or its princijial 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 l)e paid l)y tlie solicitor, $'2. Limited to one company, and the name of such company must api)ear in the license. Licenses for comi)anies, agents, solicitors, and brokers now doing lousiness in the Dis- trict will bear date as of January T, 1902, and be in force until Aj)ril 30, 1902, fees for which must be prepaid. Applications for annual licenses for the same must be applied for and prepaid during tlie month of March, 1902. Annual licenses take effect ^lay 1, 1902. All licenses are transfera])le l)y 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 aniunn. Junk dealers, $40 per annum. (26 Stats., 841.) Land and improvement companies, Novem])er 1, $50 per annum. Laundries, November 1, $20, steam or other power, j^er annum; $10 per annum, operated ])y 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 eacli. Livery stables, November 1, $25 per annum for 10 stalls; $2 eacli additional stall. Litjnor dealers, retail, Novend)er 1, $800 per annum. Liquor dealers, wholesale, Novemlierl, $300 i)er aniium. Liipiors, brewers or manufacturers of, November 1, $250 ])er annum. * Lumber, inspection of, 30 cents per 1,000 feet B. M. (W. D., 4(12.) Market dealers of all kinds, November 1, $5 ])er annniii. Market stalls, schedule of monthly rates tixed l)y Commissioners, as follows: Eastern INIarket — Butcher, bacon, butter, and miscellaneous stands, $4 each; fish, huckster, and baker stands, $3 each. (Orders March 14, 1879; April 28, 1S94.) Western IVIarket — 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 Conunissioners, Novend)er 15, 1876; February 20, 1891.) 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 ])er day. Note brokers, July 1, $100 jier 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. GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 169 Passenger transportation lines, November 1, $6 per annum for each vehicle not exceeding 10 passengers; $12 exceeding 10 })assengers. Pawnbrokers, November 1, $100 per annum. Peddlers, Aj^ril 1, $25 per annum. *Pharmacy, commissioners of, for registration without examination, $:'>; witii exami- nation, $10. (20 Stats., 138.) Picnic grounds, November 1, $100 per annum; $10 per week; $5 eacli suljsequent 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 {ler 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, $43.7l>; eighth grade, $.30.42 seventh grade, $25.08; sixth grade, $23.60; tifth grade, $20.53; fourth grade, $20 third grade, $17.27; second grade, $16.42; first grade, $15.26. (30 Stats., 1056 order of Commissioners, Septend)er 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, Novem1)er 1, $100 ])er annum; $10 per week; $5 each subsequent week; $3 per day. Slot machines, November 1, $2 per annum, each machine; $50 per annum, unlimited number. Soothsayers, November 1, $25 per annum. Steam engineers' licenses are of three grades — first, second, antl (bird — the fee for each being $3. Examination before board of engineers is retjuired. Licenses are good until revoked or changed to higher grade. (xU't 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 ijreparing 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 Connnissioners 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 ])lat 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 sti'eet or alley to accom- pany i:)etition 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 (;ity 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. 17() GOVERNMENT OF THE DISTRICT OF COLUMBIA. Surveyor's fecH — Continued. For surveying' and niarkiii^^ ujxtn tlie <,'r()iin(l llie boundaries of any jueee of ground in the county of Washington not contained in a subdivision recorded and marked as staled in (he presious paragraph, ?L'() per day for each day occujiied in the field work and $10 per day for cacii day occupied in comput- ing lines, areas, and other dUicc work. JMir surveying and ascei'taining the position of walls of any building with respect to the lines as laid ddw n un plat of record in the snrxevor's ollici' or according to the description contained in deed, .S,j if building staixls on a single lot; |7.50 if building stands on two lots, and !?l(l if building stands on tin-ce or more lots. l"\)r examining the location of the walls of any building when the same shall have re;iched a height of not more than one foot aboxc tlu! footings, $1. For any work not specilieally described above the actual cost of labor and mate- rial will be chaTge(l. No work will be beL;nn by the sur\'ey(U' foi' any pri\al(' parties until the actual estimated cost of the same has l)een dei)osited with the collector of taxes and his receii)t recorded in the ollice of the siuveyor of the Disti'ict of Columbia. (Orders of Conuuissi(jners, INIarch 2:5, 1S95, and lu'brnary 7, liK)2. ) Tax certilicates, hi) cents each. (27 Stats., ::7. ) Theaters, November 1, $1()() per annum, .'j^20 per week, $10 less than one week. Ticket brokers, railroad. (See Ih'okers, ticket.) Tournaments. (See Race tracks.) Turkish ])aths. (See I'.aths. ) Transfers of licenses, TiO cents each. Undertakers, November 1, $2r) per amnnn. Vaults under streets, $1 each vault. ( 1'.. R., sec. .'51.) Vehicles foi' hire, .Inly 1, $(> per annum (Jiie animal, $0 more than one, $0 horseless or motor. Victuallers, Novendier J, $1S per annum. Wagon-making establislunents. (See Carriage-making establishments.) Walls, party, measuring, $5 each. (15. II., sec^ ;51.) Washington Stock i'l.xchangi', July 1, ij^rdU) per annum. Watt'r rents, schedule of: Armories, according to lixtures. 15akeries, from $'A to the amonnt recpiiring meter (1)25). I5arber shops, lirst chair, $:>; each additional chair, $1.50 ju'r annum, r.arroom and restaurants, from $15 to the amount re(|uiring meter ($25). billiard room, from $5 to the amonnt requiring meter ($25). r5((arding schools and schoolhouses, according to the'iuunber of lixtures. F.rickyards, $10 to the amount recpiiring meter ($25). J5nilding purposes, 8 cents for each 1,000 bricks laifl and 1.1 cents for each caibic yard of stone masonry or concrete walls. INhichinery used for hoisting shall be charged for at rate of stationary engine. Sjiecial rates shall be cluuged for public works. Charity schools, etc. (See Orphan asylums.) (^Inbs and elubrooms, according to lixtures. Colleges (law, medical, and business, etc.), act'.ording to lixtures. Cows, 25 cents each. Domestic use: The rate fordomestic piu'poses shall be charged ac(!ording to stories and front feet. On all tenements two stories high, with a front width of lO feet or less, $3.50 per annmn. For each additional front foot, or fraction tli(>reof, 25 cents. Note. — In cases where the frontage of a house is greater than the depth the rent will be based npon the less dimension. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 171 Water rents, schedule of — Continued. Domestic use — Continued. In the case of houses situated on triangnlar 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. — Tiie word story shall be held to include basements, ceHars, and attics, used, or fitted out for use, for domestic purjjoses. Dyehouses, $5 to the amount recpuring meter ($25). I'^ating liouses and lunch rooms, from $5 to the amount retpiiring meter (|25). Fixtures in business establishments, as follows: Wash basins, sinks, water- closets, and urinals, $3 each per anmun. Florists shall l»c charged at a rati; of from $5 to the amount re(iuiring meter ($25). Fountains, supj)lied through meters in all cases. Gas and meters. Gas engine, $4 per liorsepower. IIors(!s, private, for eacli 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 foi' stationary engines and boilers. Meter rates: The rate to be charged for water supi)lied through meters shall be 3 cents per 1,000 gallons. The supply of water shall be determined by meter to all manufacturing establishments, hotels, swimmingbatlis, l)ottlingesta))lishments, gas tanks, railroad yards, steamboats and wharves, and other places requiring a large quantity, in('luding all ])r(>mises using fountains or automatic flushing tanks and all i)i-emises for business purposes on which the water rent according to the fcjllowing schedule of rates are $25 or more per annum. The listing of certain premises on that schednkMlocs not exemjjt them from the requirements of the law with regard to the use of meters. In case of premises requirt'd by law to be supplied with water by meter the supi)ly 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 si)e(;ial business rate si)ecl(icd in this schedule. Mills, $5. Machinery extra, ac(;or(ling to the rate for stationary engines. OlHces and ollice buildings, according to fixtures. Orphan asylums, etc. : The Connnissioners of the District of Columbia are hereby authorized to furnisli 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 Commissioners, not to exceed the rate of 100 gallons per average capita of inmates 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 I'otoinac water withoutcharge tochurches to an amount to be fixed in each case I)y tlie Connnissioners; any amount used in excess to be charged as hereinbefore provided. (30 Stats., 543; act June :'.0, 1898.) An order fixing the amounts was made March 23, 1899. (L. S., 105, 240 C. O. ) 172 GOVJiKNMENT OK THE DISTRICT Ob" COLUMlilA. Water ivnts, schedule of — Continued. rrintiiii:; houses, from $5 to $\() \>vv annum. MachiniTV in same nsin>j; water sliall he ciiarucii in addition tiierelo acconiinij; to tiie rale of stationary engines. rhoto,icra|)li galleries, if^lO to tlie amount reciuirinjj meter (i?2r)). l'ul)iie baths, $4 per annum for eaeii and every tub. Stationary en^jines, $'3 per horsepower. Boilers witiiout cn.uines, 151.75 jier horse] lower. Stores, shops, confcn-tioueries, and warehouses, $A totheamouni re(|uirini,Miieter (*25). Street washers, w here parties use same and water is not taken in liie iiouse, shall be chai'Ljed at tlie rate of fi'om $','> to $10 ])er annum. Mxterior fountains, street washers, and other hose conut'ctious may lie used only between the lionrs of f) o'clock and S o'clock p. m., and 5 o'clock and S o'clock a. m. Slanu'htei'liouses, from !?ri to the anioiuit rei|uirim;- meter (^'^fi). In chart.dnL;' business I'stablishments for usiui^: Potomac water not supplied Ihrouuh uietiM's, no allowance or deduction from the scheduk' rates shall be made on account of water elainuMl to be supplied from wells. Keserve boilers and machinery shall be char<^ed for at full sche is due and ])ayaliU', and charLies for sp(H'ilic supplies or fractional partsofayear in advanei> of the use of the water, the supply shall be cut off, and the How not a.nain restored until the water I'eiil is paid, as also a ]ienalty of $2 and the actual t'xijeuse, if any, incurred by the water dei)ai'tmi'nt in cuttin'istriif in w ritiiio-. on or hofoiH^ (lie hooiiiniiio- of the iiscal yoar. to huAc (ht^ watoi' cut oil' from such pi'oiuises. I)ofof(> the l>(\o-in- nino- ()f (ho said Iiscal y(>ar. foi' lh(> I'cason that th(> pi'cmises aro to ho closed for a certain ])eviod. and shall upon his return rc( |uest the Avater reo-istrai" in writino- to tiifn on the Nvater, tht> water I'cnt aoainst said premises shall he counted oidy from thc^ date that the AvatcM' is turned on, instead oi' from the Ix^o-innino- of tlu^ Iiscal yeaf. (Oi'der NovemlxM' 1, !;»(»(».) All |)(M's()ns takino- watcf af(> hcrchy i'c([uifcd to k(>cp their service pipes and all tln^ tixtures connected with such service* ])i])es in o-qocI condition and repair and pi-otiM'tcd from frost, at their own expense; to ])i'e\'(Mit all unnecessary waste of watci', and keep (he t I'ench in which their sei'\i(a> ])ipe was laid, from the main to the huildino- liiu\ in o-ood order and condition. The hose shall not be used in the avenues or streets to wash oti' car- riao'es, omni])uses, or other \ chicles, or for watering;" or wtishino- horses. Ciips upon llu> said pavements or street washei's must, when the washers arc not in use, he kept screwed secure]}' down and not project above the foot pavement. GOVEKNMEJST OF THE DiaTlUCT OF COLUMBIA. 178 The Commi.ssioner.s reserve the right, whenever they may deem it necessary, m order to furnish the supply reipiii-ed lor domestic uses, to cause the tlow of water to be discontinued for all other purposes. If any person or persons shall remove the cover from any stopcock box or turn on or oti' the su})ply of water by means of said stopcock on the service pipe or otherwise, without the authority of the water registrar, such person oi" persons shall be liable to a tine of not less than $10 nor more than $50 for each otiense. If any occupant of premises into which has been introduced the water shall permit the same to run or waste unnecessarily from any h3^drant, cock, jet, street washer, or other fixture, oi" to How from his fountain into adjaciMit premises and there used, or to be taken from or used by any [xu'son other than said occupant or a mcm))er or visitor of his family, except in case of fire; or if any hydrant, jet, cock, street washer, oi- other hxtui'c be found leaking, and said occupant, owner, or agent of tlu> premises shall refuse or neglect to have the necessary repairs made w^ithout delay; or refuse admission to the water registrar or othei' authorized agent of the Commissioners into his premises when in the otHcial discharge of his duties, the person so offending shall pay a line of not less than $5 nor more than $30 for each offense, and the supply of water shall bo stopped from said premises until satisfactory assurance is giviMi the water registrar that the like case will not occur again. Weights and measures, for testing and sealing, as fcjllows: Dry measure, over hull' l)UHhel $0. 25 Dry measure, half hushel 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.V Ice cream measure: 1 to 50, inclusive (each) 10 1 to 100, inchisi\-e (each ) 08 1 to 200, inclusive (each) 07 200 or over (each ) 06 Liquid measures over 1 gallon (each) 25 Litiuiil measures, 1 gallon or less: 1 to 10 measures, inclusive (each) 10 1 to 25 measures, inclusive (each) 09 1 to 50 measures, inclusivi^ ( eacii ) 08 I to 100 measures, inclusive (each) 07^ 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 hottles and jars, glass (each 1 00 1 .ottles) 50 Scales, coal, somiavmnally 2. 00 Scales, counter, semiannually 25 Scales, counter, platform, over 200 pounds, semiannually 1. 00 174 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Scales, counter, platform, nn 15 Spring balance, semiannually after J uly 1 , lOOo .25 Scales, wagon, semiannually 2. 00 Weights, sealing of ( each ^ . 10 Yard measures seale(l, aiuinally (each ) .10 (28 Stats., 811. Ordersof Commissioners, .\pril 2.S. IS'.Ui; .\ugust 18, 1897; July 29, 1901.) Washington Market ('omi)any. Franchise rental ikt annum, .'?7,50O. Wharf for sal(> of lish. (See Fish wharf. ) Wharf i)roperty along James Creek Canal, rent of, 8 percent per annum on estimated value. (Order of Commissioners of Novend^er 5, 1890.) Wharves on Potomac River, rental of. Wood, inspection of, 9 cents per cord. (W. 1)., 27(i. ) A^sensed nilnalio)! of real propertij jdr llir Jisful i/mr lo cud Jane 30, 1903. LaiMi. 891,232,257 24, S99, 842 liiiprove- moiits. Total. Tax at $1.50 per $100. Citv of Washington $77,159,075 12,324,400 $171,391,332 37,224,242 $2, 570, 870. 00 Suburbaii .... 558, 363. 63 Total 119, 132, 099 89,483,475 208, 615, 574 3, 129, 233. 63 The valuation of assossal>l(^ personal ])roperty for the same period has not l)eeii (•omi)lete(l, but it is rouohly estimated at $85,000,000, 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 rul(\s and regulations which they are authorized by law to make. (See p. 144-.) This l)oai'd consists of the assessor as ex otlicio chairman, and the three permanent assisttint assessors, who are di^signated by the assessor to assess real ])ro]ierty, and compose said board. (Act July 1, liH)2.) For the license fees for selling such liquors see ''Methods of taxa- tion." auditor's office. The auditor has general oversight of the tinancial affairs of the Dis- trict of Colum))ia. He passes upon adl accounts atiecting 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 Ob' COLUMBIA, 175 required by law to audit all disbursements made wholly or in part from District revenues, unless the acts of Conoress 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 ofticio commissioner of the sinking fund; to prepare and countersign all checks issued bv the disbursing officer — none in\olving the disbursement of public moneys being- valid without his signature — and to render month Iv to the Auditor for the State and other Departments detailed statements, with accompanying vouchers, of all expenditures made by the disbursing officer, duly certihed by the Connuissioners of the District of Columl)ia. DISBURSEMENTS. All disbursements of District moneys, except where otherwise specifically provided l>y law, as those for the sinking fund, which are made hy 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 by the auditor of the District of Columbia. The dislMirsing officer is appointed by the Commissioners of the District of Columl)ia, 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; Avhich ])ond nuist be approved by the Commis- sioners and the Secretary of the Treasury and l)e filed in tiie 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 lie 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 Treasuiy 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 Trea8ur3\ FISCAL YEAR. The fiscal year begins with July I and terminates with the HOth of the succeeding June. SINKING FUND. The management of the funded debt of the District is vested b}' law in the Treasurer of the United States. The sinking fund of this debt 17(3 ClOVEKNMENT oK 'VUK DISTKICT OF OOLLTMBIA. is p:iid l)v tlic Unit(>(l St:it(\s and the District of Coluiiihia in (M|u:i1 jlUl'ts. On M:u-cli ;M, II hi;-;, the funded debt anioiintod to $i2,!»l T. !!.")(», all but i^K'J.OOO of which was in 'AJ't^y pci'ciMit l)<)n(ls. The amount of those bonds issu(Ml to that date was $1-1-, 1)09, 300, or within $30,TOO of the limit lixed by law. (-21 Stats.. 280.) ntOl'OSALS FOR IMlJNICirAT, WOKK. When any re]>airs of streets, a\enues, all(\vs, or sewers within the District of Cohunbia arc^ to ])e inad(\ oi- when new pax-ements ai'e to be substituted in place of those worn out. new ones laid, or new streets opened, sewers built, oi' any works the total cost of which shall exceed the sum of !i^l,0(»0, notice nuist be o'iveii in one n(nvspai)er in W'ash- in^'ton, and if tlu^ total cost shall exceed !?5.0()0 then in one n(>ws[)aper in each of the cities of N(!W York, Philadelphia, and Haltimore, also, for one week, for ])roposals, with full specilications as to material for the w hole or any portion of the works proposed to be done. (20 Stats., 105.) 'V\\o lowest i'esj)onsible ])roposal for the kind and charactiM' of [)ave- meiit or other work which the ( 'onuui-isioners shall determint^ upon must in all cases be acce[)ted, but the Coimnissioners havetlu^ ri^-ht, in their discretion, to reject all such })ro])osals. (lb.) The C\)minissionei's also invite i)ro]iosals for all kinds of work, material, sup})lies. and other |)urchases inxohin^ any considei'able cast, and whene\er in their judgment the })ul)lic interests wi^l be l)e8t subserved thereby. CONTHACTS. Work capable of l>eino- cxeciited under a single contract shall not be sul)di\i(led so as to reduce the sum of money to be ])aid tlierefoi' to less than .1^1,00(». (lb.) All contiiU'ts foi- the construction, im])ro\(Mnent, altc^-ation, or repaiis of the streets, avenues, hi_i»hways. alleys, outtei's, sew(M's, and all work of like natun^ must be made aiul entered into only by and with the ofUcial unanimous consiait of the Connnissioners of the Dis- trict, (lb., 106.) The Conuuissioners may mak(> sei)ai'ate contracts for materials and for laboi- in executing" ])ublic works. {•A'J Stats., 12;").) All contracts shall be coj)ied into a book kept foi' that ])ur])ose and be siyiKHl by the said Commissioners, and no contract involving an expenditure of more tlum $100 shall be valid until r(>corded and siu-ned as aforesaid. (-20 Stats., IOC).) Pursuant to an order dated August 2, ISTS, all contracts are pre- pared by and recorded by the Kngincer Commissioner. GOVERNMENT OB^ THE DISTRICT OF COLUMBIA. 177 The Comptroller of the Treasury orally advised the Commissioners that ))ooks composed of one of each of the original contracts bound together would meet the recpiirenumts of this law as to copNdng con- tracts into a book. This secures accuracy and also obviates the labor of transcrilung them, which involves the copying of a large amount of printed matter included in the forms. OFFICKRS AND CONTRACTORS' BONDS. (too(1 and sulKcient bonds to the United States, in a penal sum not less than the aniouiitof the contract^ with sureties to be approved by tlie Connnissioners of the District of Columbia, shall be required from all contractors, guaranteeing that the terms of their contracts shall be strictly and faithfidly performed to the satisfaction of and acceptance by said Commissioners. (20 Stats., 106.) Neithcn- of said Connnissioners, nor any olficer whatsoever of the District of Columl)ia, shall be accepted as surety upon any bond re(}uired to be given to the District of Columbia; nor shall any con- tractor he accepted as surety for any officer or other contractor in said District, (lb., 1(»3.) BIENNIAL EXAMINATION OF OFFICIAE BONDS. Kvery officer reijuiicd ])\ law to take and approve official bonds shall cause the same to l)e examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having i)ower to hx the amount of an official bond shall examine it to ascei'tain the sufficiency of the amount thereof and approve or fix said amount at least once in two years, and as much oftener as lie may deem it necessary. (20 Stats., 807.) RENEWAL OF OFFICIAL BONDS. E\'ery officer whose tluty it is to take and approve official bonds shall cause all such l)onds to be I'enewed every four years after their dates, or oftener if he deem such action necessary. In his discretion a ne\v bond may l)e waived for the period of service of a bonded officer after the expiration of a four-year term of service, pending the appointment and (pialitication of his successor. The nonperformance of any of said re((uirements on the part of any official of the Govern- ment shall not be held to ati'ect in any respect the liability of principal or sureties on any bond made or to be made to the ITuited 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 (|ualitication of the successor of th(^ principal; nor shall anj^thing in the foregoing l)e construed to repeal or modif}' section 3836 of the Revised Statutes of the United States, (lb.) 14248—03 12 178 GOVERNMKNT OF THE DISTRICT OF COLUMBIA. TERM OF (^)NTRACTORS' LTABILITV. Contractors shall keep new pavements or other new w^orks in repair foi' a term of live years from the date of the completion of their con- tracts. (20 Stats., too.) RETENTS FROM COXTRACTORS. Ten per cent of the cost of all new works shall be retained as an additional secnrity and a guaranty fnnd to keep the sanu^ in repair for said term (20 Stats.. 10 District of Cohunbia are authorized to appoint seven i)ersons, bona tide residents and taxpayers of the District of Cohunbia, and who li;ae Ixhmi such for H\e years innncdiately pre- ceding their appointment, to constitute a l)t)ard of education, and whose term of otiice is seven years, (>xcept that the terms of the persons tirst appointed terminate as follows: One year each, to be determined by lot among the se\ en members of the board tirst appointed. The com])ensation of menil)ers of the board is i^lO each for ])ersonal attend- juice at e;udi meeting, but shall not exceed for any member i>500 per aiuunn. The board has complete jurisdiction over all administrative matters connected with the public schools of the District of Columl>i!i, except that all expenditures of public funds foi- such school ])urposes ar(> made and accoimted for as now pro\ided by law under the diriH'tion and control of the Commissioners of the District of C/olumbia. The board makesall lUMnlful lules and regulations Nvliich may be ])roper for the govenuuent and control of schools, and makers antuial report to the Connnissioners of the District of C\)lumbia, 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 cours(> of construction, with r(>commendations as to needed changes. The board has ])o\\er to appoint oiu^ supeiintendent for ;dl th(^ pub- lic schools of tlu^ District of CV)luml)ia, two assistant superintendents — one of whom, under the direction of tln^ superintendent, has charge of schools for colored children — a secretary, and three clei'ks, and to remove said otKcers at its pleasure; and has power to emi)lov and remove all teachers, othcers, and other employees connected with the pub- lic schools not already sp(>citied. ( Iraduates of the normal schools have preference in all cases when appointments of teachers for the grade schools are to l)e made. The superintendent annually submits to the board for its appri)val the course of studies and list of text-books and other apparatus for use in said schools. 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 only after competitive examination, and shall have had at least five years' 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 rides fornuilatcd from time to time by hiin, 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 mone}^ re([uired for the public schools for the ensuing- 3^ear, which the Conmiissioners include in their annual estimate of appropriations for the District of Columbia, with such recommendations as they deem proper. (31 Stat., 561.) For convenience of administration the schools are classified into eleven 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 Colum1)ia was 18,132—32,518 white and 15,1)11 colored; an increase of 1,001, or 2.11 per cent over the enrollment of the pre- vious year. The average enrollment was 10,658, or 3.1!» per cent above that of the previous j^ear. The average num))er of pupils in daily attendance was 37,996. The night school enrollment was 2,750 — 1,626 white and 1,121 colored. The vacation school enrolled 181 persons. The pupils were housed in 139 school buildings. TEACHERS. Eight hundred and eighty-five white teachers and 138 colored teach- ers were employed. EXPENDITUKES. The day schools cost $1,719,155.06; the night schools cost $9,282.02; the vacation school cost $997.26; total cost $1,729,131.31. The cost of tuition per pupil, including supervision, based on the average enroll- ment, was $22.15; the cost per pupil for all expenses, except repairs and permanent improvements, based on the average enrollment, was $30.67. SESSIONS. The day schools were open 176 days. The night schools were open 57 nights. The vacation school was open 29 days. Pupils shall not be admitted to nor taught free of charge in the 180 GOVERNMENT OF THE DISTRICT OF COLUMBIA. public schools of the District of Columl)i:i who do not reside in said 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 ho. fixed b}^ 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-liooks and school supplies use4 bj them; and all pa3"ments hereunder shall be paid into the Treasure", one-half to the credit of the United States and one-half to the credit of the District of Colum])ia. (30 Stats.. 105(;.) INDUSTRIAL HOME SCIIOOU. This institution is situated on the east side of the Tennallytown road, a short distanc(> north of the city of Washington. Its object is to provide for the care and elenjcntal instruetiou in handicraft, in connection with the ordinary mental studies, of children between the ages of live and fifteen years who, from indigency or neg- lect, would otherwise be deprived of such care and instruction. (29 Stats., -ilo.) It is managed l)y a board of trust(H's appointed by the Commissioners. CARNECIE LIBRARY. This institution is located on Mount Yci-non S(|uare, which belongs to the United States, but the building was enacted 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. Ik'ainard II. Warner. The books and other pid)lications and manuscripts are obtained througli appropriations of pul)lic rin'einuvs for the ])urpose, and from grants by pul)lic-spii'ited 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 1)}^ 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 tlie terms of not more than two of them shall expire in any one or the same j^ear. 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 \'isita- tion of the said board. The V)oard shall elect a president and vice- president from among its own members, and shall appoint a secretaiy and such other officers, inspectors, and clerks as it may deem proper, and fix the number, duties, and compensation thereof subject to appro- priations of Congress. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 181 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 ref orraator}^ character which are supported in whole or in part by appropi'iations 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 su])joct to the supervision of the Board of Charities shall furnish said board, on request, such information and statistics as ma}^ be desired; and to secure accuracy, uniformity, and completeness of such statistics the board may prescril)e 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 Columl>ia 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 committee of its members, when making such investigation, shall have power to seiid for persons and papers and to administer oaths and affirmations; and the report of such investigation, with the testimony, sludl be made to the Commissioners. All accounts and expenditures of said board shall be certified as may ))e 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 employed, with a report of the secretary, showiug the actual condition of all institutions and agencies under the supervision of the board, the character and econ- om}' of adiuinistration 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 liuilding, repairing, or furnishing an}^ institution which the board is authorized to investigate and supervise (31 Stats., 664). 182 GOVERNMENT OF THE DISTRICT OF COLUMBIA. BOARD OF CHILDREN S GUARDIANS. AN ACT to provide for the care of dependent children in the District of Cohimbia iinrs of the Board of Children's Guardians shall be appointed by th(^ judges of the })()lict> court and tiie jud^-e holdinor the criminal court of the District of Columbia, met together for that purpose, the asscMit of a majority of such judo-es lieiny necessarv to appointment in each c-ase: Proiudd. That there shall always be at least three reprc^sentatives of each sex upon the l)oard. Of the nine mend)ers 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, exce})t such as shall lie made for the remainder of unexpired terms, shall be for the term of three years. Thi' judges of the police court and tln^ ji^dge holding the criminal court, or a majority of them, when met together for that purpose, may remove for cause any memlierof the ])oard: Proiu'dcd, That such m(>m- ber shall be given an opportunity to be lu^ard in his own defense. Sec. 8. That the board shall elect from its own members a president, vice-president, and secretary. Avho shall severally discharge the duties usual to sucli oiHces. or such as the by-laws of the board may pre- scribe. The ])oard 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^ arrangeuKMits with persons or institutions for the care of dependent children at such rates as may ))e agreed upon. Sec. 4. That said l)oar(l shall havi' the care, and supervision of the followino- classes of children: First. All children committed under section two of the act approved Fe])ruary thirteenth, eighteen hundred and eiy-htv-tive, 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 adeciuate 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 ha])ituallv beo-o-inof on the streets or from door to door, all chil- dren kept in vicious or immoral associations, all children known by their lano-uao-e 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 of the District; and power is hereby given to these courts to commit such children when not over sixteen years of age to said Ijoard: Provided, That the laws regulating the commitment of G0VERNMP:NT of the district of COLUMBIA. 183 children to the reform schools of the District shall not be deemed to be repealed in an}^ part b}^ this act. Third. Such children as the board of trustees of the Reform School for Boys or the Reform School for Girls ma}^, 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 g-uardians, conditionally upon the good Ix^havior 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 l)e 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 thorn 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 any 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 3a^ar )jy an agent of the board, and as nuich oftener as the welfare of the child demands. Children received temporaril}^ may not be kept longer than one week, except by order of the police court or the criminal court. Sec. (3. That the antecedents, character, and condition of life of each child received by the board shall be investigated as fully 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. T. That the Commissioners of the District shall have authorit}^ to prescribe the form of records to he kept l)y the l)oard 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., 26S.) AN ACT to enlarge the powers of the courts of the District of Coluinl)ia in cases involving delinquent children, and for otlier purposes. Be it enacted hy the Senate and House of Representatives of the United States of America 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 discretion, to commit to the custody and care of the Board of Children's Guardians of the District of Cohmibia children under seventeen years of age who sliall he convicted of petty crimes or misdemeanors which may ])e punishahle with tine 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 clii'.dren as it may deem wise and proper. Sec, '2. TJiat no court shall commit a child under seventeen >'ears of age, charged with or convicted of a petty crime or misdemeanor pun- ishable 1)3" a tine or imprisonment, to a jail. Avorkhouse, or police station; but if such child be unable to give l)ail or pa}' a line, it may be committed to the Board of Children's Guardians temporarily or permanently, in the discretion of the court, and said l)oard shall make some suital»le provision for said child outside tln^ inclosure of any jail, workhouse, or police station, or said court may conuuit such child to the reform school under the laws now providing for such commitment. Sec. 8. That for the purpose of aiding the court in a proper dispo- sition of cases I'eferred to in section one the Board of Children's Guardians is hereby authorized and directed to designate one of its emploj'ees as a probation officer. whos(^ duty shall be to make such investigation in cases involving children under seventeen vears of age as the court may direct, to be present in coui't 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 rc(|uirc, and to take charge of any child before and after trial as may l)e directed by the court. Sec. 4. That any person within the District of Columbia, of suffi- cient financial al)ility, 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 sheltcu- as will prevent the sutfering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction^ thereof shall bo sul)ject 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 arid 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, custody, 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 connnitted as aforesaid under or by virtue of any of the provisions of the act of Congress approved July twenty-sixth, eighteen hundred and ninet^'-two, entitled "An act to provide for the care of dependent children in the District of Colum- bia and to create a Board of Children's Guardians," 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 ncgh;ct, and upon con- viction thereof the said court shall requii-e the father or the mother of such child, or l)oth 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 ])oth such father and mother should and may be able to pay; and the courts aforesaid may at an}" time hear and determine any petition for an order for con- tri))ution toward maintenance of an}' child who has heretofore been or who may hereafter ])e committed to the guardianship of the Board of Children's Guardians, or foi' modifying or suspending- the operation of an}" such order previously made. I Sec. (). That any person against whom an order for contribution toward maintenance may have ])cen 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 inijirisonment in the workhouse of the District of Cohunl)ia for not loss tlian 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 contril)ution as aforesaid: Provided^ however^ That if, after such conviction, any such parent shall appear l)efore 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. Sec. T. That the disbursing officer of the Board of Children's Guard- ians shall receive and shall be responsible under his bond for all moneys paid to said ])oard 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, 1!)()1. (31 Stats., 1095.) 186 GOVERNMENT OF THE DISTRICT OF COLUMBIA. When the Px^ard of Children's Guardians })lace in private families children committed to the guardianship of said })oard l)y the courts of the District, such children shall, as far as ])racticable, be placed only in such families as are of the same ridig-ious denomination or belief as the parents or last surviving parent of the child. (District appropria- tion law, March 1, iDOl.) REFORM SCHOOI.S. There are two reform schools in the District, one ft)r boys (16 Stats., 119), and one for girls (25 Stats., 215), the ()l)ject of which is the refor- mation of boys and girls who are not susceptibU* to parental discipline, or who become liable to punishment by imprisonment for minor infrac- tions of the law. Kach of th(\se institutions is managed by a separate board of trustees. The i-eform school foi' boys is situated on the liladensburg road, al)out 2 miles noitli 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. INSANF. Indigent insane^ persons resident of the District of Columbia are admitted for temporai'y detention into the (lovernment Hospital for the Insane, at t\\o expense of said Disti'ict, at the re(iu(\st of tlu^ Com- missioners, and for permanent care and tre:itment when connnitted upon the Conmiissioneis' re([uest based upon the finding of a mai'shars jury, confirmed l)y the justice^ holding the e(|uity court. Nonresident indigent insane |)ersons found in the Disti'ict of Colum- bia are admitted upon the same conditions as the former, but it is the duty of the Connnissioners to rc^tuiii them to their homes so soon as their domiciles can b(; ascertained. AVOKK HOUSE. The workhouse is foi- the confinement of persons convicted of minor offenses against the laws and sentenced to im})risonment for compara- tivel}' short terms. PrisoiuM-s who are al)le to work and whom it is deemed i)rud(Mit to employ outside of the workhouse are required to do various kinds of laboi- m the various departnuMits of the asylum and on the asylum grounds and th(^ |)ublic 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 pooi', intirm. and diseased persons who are in need of noVEENMENT OF THE DISTRICT OF COLUMBIA. 187 such assistance. All of its inmates who are able to work are required to be occupied in some kiiid of useful employment. It is situated on the Eastern Branch, from C to G streets south. .lAIl.. When any person is sentenced to imprisonment for a term not excccflintj;- six months, tlu^ court may direct that such imprisonment shall l)c either in the Avorkhousc or in the jail. When any person is sentenced for a term lonyei' than six months and not lon<4"er than one year,,such imprisonment shidl l)e in the jail, and where the sentence is imprisonment for more than one year it shall bo in some penitentiary. TNSURAN(^E DEPARTMENT. 'J'he (yonmiissionei's appoint a superintendent of insurance, who, subject to the C'onuuissioners' general directions, has supervision of all matters pertaininf;" to insurance, insurance companies, and bene- ti(;ial orders and associations. It is the duty of the sup in the elementary braru'hes of education and as to his knowledge of the principal localities of tin; District. On th(^ 1st day of dnly, 11)03, th(> personnel of the Metropolitan police department of (he District of Columl)ia will be — 1 niiijor and sujierint(Mi(U'iit $4, 000 1 captain and aHsiwiant snpeiintendent 1 , 800 4 c;ai)tainH, each 1 , 500 1 chief clerk, who .shall be property clerk 2, 000 1 clerk 1 , 500 1 clerk 900 2 clerks, each 720 4 surgeoDH, each 540 188 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 10 lieutenants, each ?1, 320 20 detective sergeantw (privates detailed), each 1, 320 35 sergeants, eacl i 1,140 240 privates of class 2, each 1 , 080 350 privates of class 1 , each 900 40 ]>ri vates of class 1 , each 720 3 teU'iihouf operators, each (iOO 24 desk sergeants, each 840 1 janitor ^ 720 1 laborer 080 13 laborers, each 000 1 messenger 700 1 messenger 500 24 drivers, each • 600 3 matrons (Iwoof these are on duty at the House of Detention ;ui()Vo-nionti<)n(Ml forces the Connnissioncs are required to station s])(>ci!d polieenien at such street-railway crossing's and intersections in thi; citv of Washiuo-tou us the\' deem necessary. The expense of that scr^'ice is ])aid pro rata hy i\\o respective street- railway coniptuues, accordino- to the nuinhci- of cars of each company operated over such crossin<>-s. The })r(\sent luimher of such ofticers on duty is ?>7. and their compensation §7;') \)cy month each. They must possess the same (lualiHcations for appointment and are subject to th(> same rides and discipline as meml)ers of (he regular force. (30 Stats., 4S!).) I'KIV AI'E OKTRCTIVF.S. Private detectives may he appointed, who shall give l)ond, satisfac- tory to tlie Commissioners, for at least $1(),0()('). ami he sid)iect to all laws which go\ei'n th<^ })olice force in respect to persons, property, and money. (U Stuls., L^14.) ADDI rioXAl, AND SPECIAL TOLICEMEN. Additional polit-emen are appointed by the Commissioners, whose jurisdiction extends over a definite and limited area, practically the inmiediate viciinty of the property of the persons who apply for their appointment (12 Stats., o22); for instance, the vicinage of a number of business houses and stores. Special policemcMi :\re appointed under the act of March 3, 1899, on the application of corporations or individuals, or in the Conmiissioners' own discretion, for duty m connection with some .specified property, GOVERNMENT OF THE DISTKICT 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 regulations as the Commissioners may prescribe. (30 Stats.. 1057.) The power of special policemen shall only be exercised l)y 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 T, 1809.) POLICE PRECINCTS. For facilit}' of administration the police departiucnt 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. POWER OF APPOINTMENT AND REMOVAL OK 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 ph3\>^ical and mental examinations as the Com- missioners of the District of Columbia shall prescribe: Provided. That the said Commissioners shall lix the limits of age and height, and shall prescribe the duties of all officers and members of the police force: And provided further., That no removal from the police force shall be made except on written charges and after an opportunity foi defense on the part of the person against whom such charges may be made; Imt no person so removed shall be reappointed to any office in said police force. — Act of Congres.-(^ approved Fehruary ^5, 1901 {31 Stats., 820). 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 hiws 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. Perdium. 3 clerks, eaeh _ §1 . ((4 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 A.MBULANCE .SYSTEMS. The police patrol system consists of a number of structures called "patrol boxes," generally distributed throughout the District, which contain apparatusfor 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- tlie 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 suro;ical care and treat- uient may be promptly provided. SUlUiEONS OF POLICE AND FIRE DEPARTMENTS. ^ The mcm))ers of the police and lire departments and the watchmen at the public parks are entitled to the gratuitous service of the sur- geons of the police and hre departments. These surgeons also make preliminary examinations of persons alleged to be insane and examine candidates for positions in the police and lire departments to deter- mine whether they are ph3\sically suitable for service in those depart- ments. POLICE FUND. Th(^ police fund is derived from the following sources: All tines 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 paifl and given for extraordinary service of any member of said force, which he shall not be allowed to retain. {12 Stats., 581.) All moneys arising from the sale of unclaimed goods in the custody of the property clerk of the police department. (I))., 325.) One dollar per month deducted from the pay of each regular police- man. (23 Stat.. ;'51«;.) From tines in i)olice court, enough to meet any inadequacy of other sources named. (29 Stats., 404; 31 Stats., 820.) From receipts for dog licenses, enough to meet an}^ 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 ))e held by him sub- ject to the drafts of the Commissioners for expenditures made in pur- suance of law, and such expenditures shall l)e 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 l)y 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 foi' 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 |25 per month for a child. (lb.) GOVERNMENT OF THE DISTKICT OF COLUMBIA. 191 For the relief of an}^ policemjin who, by injury received or disease contracted in line of duty, or, having- served not less than fifteen years, 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: Provided 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 by a sur- geon of the police and fire departments, or any other like extraordi- nary expense rendered necessary by disaljilit}' 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 duty. This fund is derived from moneys received for rewards for arrest of desert- ers from the Army or Nav}^ and from voluntary contributions, and miscellaneous sources. FIRE DEPARTMENT. The lire department of the District of Columljia 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 the}^ 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: Permnnd. Oflieors anil L'liiployee.s. , Number. Salary per annum. Chief engineer 1 3 1 1 1 26 14 14 7 27 186 26 1 S2, 000 Assistant chief engineers . 1 200 Clerk 1 000 Fire marshal [,200 Maehinist . 1 001) Foremen 1 000 EnErineers. ..... . . 1 000 Fi remen 900 Tillermen 900 Drivers. 900 Privates 840 VVatehmen 600 Laborer 480 Total 308 264, 320 192 UOVERNMENT OV THE DISTRICT OF COLUMBIA. Xiinibt'r (Old location of coinpnnies. Company. Location. No. No companv: 1 • K, between Six-toenth and Seventeenth streets NW. 1), between Fourteenth and Fifteenth streets- NW. No. ;! Delaware avenue an BriglUwood, I). ('. No. 3 Tenlev, 1). (". No. .1 RrooUlaiid. D. ('. Ihintl cheiincal engine.. Cleveland I'arU, D. C. Pi'ovisioii 1ms htM'ii made for the e.stiihlisliiiu'iit of an additional eiio'iiu' coiiipiiiiv ill the soulhwcstern section of A\ asliington. The a])]):ii'atiis of tht>. (Ie});irtnient also emhraces a water tower and a nunibei' ol" eoiuhinatioii chemical eii^dnes :iiid hose wai^ons. I'llJIO .M.VKSII.M,. It is the duty of the lir*' marshal to ascertain as accurately as he can the cause of lires and the amount of loss occasioned thereby; to super\ise the storao-c and use of hio-hly inllammalde sul)stanct^s, so as to minimize the risk and e.xlent of damag'oby their combustion in that state, and to ])erform such other duties as may be assi<>-ned to him to lessen the i)rob;il)ility and extent of loss to struct iii-(>s and injury to persons in consetiuence of lires. NIIMHEH ()!•" l''IHI''.S .\N'l) .\(i(UtK(i.\'l'l': I.OSt^ 'l'll!';i;iCI''i;( >M . Durinn" llu> fiscal yi^ar ended dune ;'><), i;»()i^, 72(> tires occurred, involviuii" an aynreo-atx^ loss of $i;->4,.5()-l:. Th(^ auiiremite loss for each of the preceding'- live veai-s wtts as follows: 1897 «^2!)7, 705 1898 H48, 836 1899 466, 590 1900. . . 224, 239 1 90 1 285, 677 1'Ii:1':mI':\'s i;i':i,iK!'' i-'UND. The firemeirs relief fund is derived from deductions of %\ per month from the pay of each tireman (23 Stats., 317), and deficiency therein is GOVERNMENT OF THE DISTRICT OF COLUMBIA. 193 met out of the receipts from fines 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 way of discipline, and collectible from pay or salary, are also placed in this fund. The deductions aforesaid shall bo invested in United States or Dis- trict bonds and held in the manner provided by 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 injury or disease the same amount shall be allowed as in case of the superintendent of police, (qv.) (81 Stats., 820.) For the relief of any fii-eman who shall b}" reason of injuries received or disease contracted in the line of actual fire dutv, goino- 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 j^ears of age, for their relief: J*/-ovided, That no fireman shall be entitled to any of the bene- fits of this relief fund who may by reason of his own indiscretion ])ring 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 /urther, That such relief shall not exceed for any one fireman or his famil}' the sum of $50 per month, and a sum not exceeding |T5 mav 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 Conmiissioncrs appoint for such term of oflice as they deem advisable a healtii 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 arc the medical inspection of the pul)lic schools; the enforcement of the laws and regulations which T-clate 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; 14248—03 13 194 (K)VEKNMENT OK THE DISTRICT OF COLUMBIA. the enfoircmont of the law lor the preNention of (ho cniissioii of dense black or j^'ray smoke, keepinj^ a record of vital statistics, and furnish- ing transcripts of such records. Death rf Coliiti\hi(t. Yeiir. White. Colored. Total. 1880 17.63 18. 86 20. 95 18. 55 16. 97 17.67 17.03 15.04 17.67 17.35 17. 82 16. 43 35.71 31. 20 32.55 31.47 28.18 29.80 28.59 27. 78 30. 34 30. 22 30. 73 30. 37 23. 68 1890 23. 91 1893 24. 74 18 and surgery in the District of Columbia for not less than liv(», years at the time of appointment. In case of failure of the two m(>dical 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 th(>. (pialitications of all applicants for authority to practice medicine or surgery in the District of Columbia. A special board is ai)p()inted by the board of medical sui)ervisors to make like certification as to ap])licants for authority to jmictice midwifery. It is the duty of the several l)oards of medical examiners to examine GOVERNMENT OF THE DISTRICT OF COLUMi'.IA. 195 all iq^pl'^'ii^t'i for license to practice medicine and surgery in the Dis- trict of Columbia certified to them respectively by the ])oard of med- ical supervisors, in accordance with .such rules as the board of medical supervisors, with the approval of the ('onuuissioners, shall make. {2d Stats., 11)8.) For fees see "Methods of Taxation." BOARD OF MEDICAL SUPERVISOKS. The board of medical supervisors consists of the presidents of the three l)oards 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 Columbia for a term of three years, or until their successors are ap],)ointed. Not more than two members of said Inxird shall be adherents of any one S3"stem of medical practice. The two lay mendiers shall be paid Kuch reasonal)le compensation as the Conunissioncrs shall determine. The secretary of this board may be elected from others than its own members and be entitled to the same fees for takino- testimony that are allowed an examiner in chancery for such s('i-\ice. This board, or a majority thereof, ma}^ issu(> a license to each appli- cant for authority to practice medicine, surgery, or midwifery in the District of Colundiia who shall l)e found ([ualitied therefor. No person shall so practice without such license, except sui'gcons of the U. S. Army, Navy, or Marine-Hospital Service, regularly licensed physicians and surgeons in actual consultation from other States and Territories, or regularly licensed physicians and surgeons actually called from other States or Territories to attend specified cases in the District of Columbia, liut said prohibiton shall not apply to the treatment of an}^ case of actual emergency, to the practice of mas- sage or the so-called Swedish movement cure, nor to the use of ordi- nar}^ 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 l)e met shall be divided among the three boards of medical examiners. (lb.) COMMISSIONERS OF PHARMACY. The Conunissioncrs, 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 years and had at least live years' practicsd experience in their respective professions, who shall be styled commissioners of pharmacy, and wdio serve as such, without compensation, until their successors are appointed and qualified. It is the duty of the commissioners of pharmacy to regist(>r all per- sons found qualified to practice the business of i)harmacist in the Dis- 196 GOVERNMENT OF THE DISTKIOT OF COLUMBIA. trit'tof Columbia, as prescrilied by law, and noporson notsorog-istered .shall conduct a store, pharmacy, or place for retailing, compounding", or dispensing drugs, medicines or chemicals for medicinal use or for compounding or dispensing physicians' prescriptions. The fees re- ceived by these commissioners shall be applied in pa^-mentof expenses incurred l)y them in executing the law. (20 Stats., IBS.) For rate of fees see under "Methods ^f Taxation." ^ BOARD OF DENTAL EXAMINERS. The Commissioners appoint, for terms of live years, a board of dental examiners, consisting of live reputable dentists, residents of, and foi- three years innnedialely pieceding their appointment actively engaged in ihc practice of dentistry in, the District. No person shall conuuence the practice of dentistry in the District who has not received !i certiticate from the ]K)ard of dental examiners that he is qualitied to i)ractice dtMitistry, which has l)een duly regis- tered with the lu>alth ollicer. The expenses of the board are paid from the fees received for making examinations of ap])licants for suchcertilicates. (27 Stats., 42.) The rate of fees apjX'ai's under " Methods of taxation.'' STKEirr ( ' 1 .EANIN < 5 . Many portions of tlu^ roadways of the paved streets are swept 1)y horse machines, or Hushed, under contract made for a period of three vears. Other portions of such streets are cleaninl ])y hand sweepinj^ machines, the operatiA(>s of which are employed by the superintendent of the street cleaning department, and uniformed in white to facilitate surveillance ])y the overse(M-s and to secure neatness in their appearance. The un})aved stnH>ts and alleys are ch^aned under two contracts also made for a term of three years. The daily area cleaned by hand in i'J02 was L,l)2(»,4iT s(iuarc yards. The hand-sweeping machines are the property of the District. The machine cleaning and Hushing is done under contract at lt)}f cents per 1,0()() square yards. During the past year 900,000 square yards of paved surface were cleaned daily. The unimproved streets are cleaned by contract at the contract price of $04 per day. For this sum the contractor furnishes oO laborers, 12 horses and carts with drivers, and all tools necessary to do the work. The area cleaned during 1902 was 38,751,097 square yards. The alley cleaning is done under contract at 35 cents per 1,000 square yards. During 1902 14 miles of unimproved streets and aveiuies were sprinkled daily, the cost of which was $3,150.27. COLLECTION AND DISPOSAL OF (TTY REFUSE. The Commissioners enter into contract foi- periods not exceeding five years each foi- the removal of ashes ;md miscellaneous refuse GOVERNMENT OF THE DISTRICT OF COLUMBIA. 197 fi-oni private residence.s, and for the collection and disposal of garbage, dead animals, and other noxious refuse wherever found in the Dis- trict, and prescribe regulations for the government of this l)ranch of the public service. All garbage collected must 1)e 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 gar})age con- tracts expressly provide that no garbage or other vegetable or animal matter shall l)e 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, v/here it is converted into fertilizing material and other valuable by-products. The contract rate for the collection and disposal of garbage and dead animals is $51,600 per annum, with provision that the District receive 50 cents per ton on all garbage collected over 2 >,000 tons during the year and that lines may be imposed on the contractor for failure to render proper service. Thirt}^ thousand two hundred and ninetj-nine tons of garbage and 9,688 dead animals and fowls were collected in 1002, as against 2. ,519 tons of garbage and 8,636 dead animals the previous yeai'. The rebate to the District on the garbage collected amounted to $5,149.50, and fines to the extent of $537 were imposed. In accordance with a provision of the contract, the contractor was allowed $156 for extra services rendered. The net cost to the District for this service was therefore $16,069.50, or $5,530.50 less than the contract price. Ashes are collected from private residences onl}^ once per week at the contract rate of $29,979. During the past j-ear 67,332 cubic yards of ashes were removed. Seventy-five dollars in fines was imposed on the contractor for defective service. Miscellaneous refuse is col- lected once per week from private residences only, at an annual cost of $8,000. This class of material is disposed of by the contractor by burning. ELECTRICAL AND STREET-LIGHTING SERVICE. The fire-alarm and other telegraph and telephone systems 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 oflicial styled "the electrical engineer." The street-lighting service consists of gaslights, electric lights, and oil lights; the use of the latter is almost entirel}" confined to the countr}^ 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 GOVERNMETSIT OF THE DISTRICT OF COLUMBIA. which the i'iiili"():uls so used hckjuo-, and the cost of lightino- a sinail number of crossiuos, where suburban street railways and country roads intersect, which is ])aid by the street-railway company whose tracks are crossed by such roads. The leo-al charge for nas supplied to j:^overnmental and private con- simicrs otluM- than for street-lightino- purposes is $1 per 1,0(><) cul)ic feet, with a penalty of 10 per cent if not ])aid within t(Mi days from rendition of bill. The cost of street lighting- by gas is Jih^O per lamp per annum, includ- ing lighting, maintenance, etc. The cost of electric lights on streets is $>S0 per light per annum. The number and kinds of lamps in use on July 1, 11)02, was as fol- lows: (jas, 6,715; Collis, SS; naphtha. I.l(i7; incandescent electric, 5S1); arc elecitric, 801; coml)ination tire-alarm and designation lamps, 18. Both gas and electricit}' for lighting purposes are furnished by private companies. STATEMKNT OF CHARACTER AND EXTENT OF STREET PAVEMENTS JULV 1, 1!)02. The cost of grading and ])a\ ing carriageways is paid for wholly out of the general fund, jind not by n sjxvial ass(\ssment against abutting propeity. ( hn-iaycHHtji 'iiiiproreriicvts. Clmnu-U ■r of work. Sijiiare yari s. Mi 1,1 li s in illi. 2,831,108 437, 85.1 16, SUi 569. 325 233,171 1,007,250 1,748,827 125.44 19. 98 Vitrilicd Itlock . .52 (Triiiiiti' l)lo('k 27. 09 Cobhlo 9.81 47. 70 90.12 Total 0,844,381 321.26 STREET RAILWAYS. All street railways operated in the District of C'olunit)i;i do so iuid(M- charters granted by ('ongress. Lcvi/lli of iistrlcl of Colinnliio itiid luimc)^ of coiiijKni'icx ii^niij it. Ntuiii' of coiiipaHy. ;ton Washington Traction and Klcctric C;o.: Metropolitan K. R Colninl)ia Jiwy City and Suburban livvy. of Wa.^hiu; Brightwooil Kvvy Georgetown and Tennallytown Ruy Anacostia and Potoinae liiver R. R Washington and Great Falls Eleetric Kwy Washington and Glen Eeho R. R Capital Traction Baltimore and Washington Transit Wasliington, Alexandria and Mount Wrnon Electric Ruy. Total Underground electric. Double. Single Miles. 9.31 2.77 4.00 0. 52 13.44 .90 Milca. 3.98 2.30 3.26 ".'33' Overhead electric. Double.. Single Milcti. 9.93 4.12 5. 58 6. 93 4.10 1.46 3.88 .10 3.57 28. 80 Miles. 0.89 1.64 .43 2. 96 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 199 WATER SUPPLY. The water-supply system is owned and controlled by the government. The water supph^ is o))tained from the Potomac River by means of a dam at Great Falls, and thence through an aqueduct, about 17 miles long, and a system of settling and storage I'oservoirs. This aK dOLUMUIA. 681).) His pi'iiu'ipal duty is to inciisiiic ;ui(l mark Ihc bouiuliU-icH of lots <)!• olluM' sul)divisio!is of IuihI, and rmnisli certilicates of such nioasui'ciiiontiind tlio aroaof tho lots, in s(|uai'(' feet, to persons apply- int»- to liiiu for sucli scrvicos, and to do similar work for the District. The Conmiissionei's li\ a sclu^dulc^ of f(M\s to ))e charo'cnl by him for all work done for private p(>rsotis, to he paid into the Treasury. The surveyor chare-es no f(M^s foi' work doiu\ l)\ him foi' th(> District. The sur\(>,y()r also re(piires applicants foi- sewerai^-e of unsid>di\ i(h>(l tracts to })rovide momuncMits to he used in comiection with sucli sur- veys. (Order February 1.^), 11)02.) Koi' list of fees of this o(lic(\ see under head ''Methods of taxation.'' JlAHJJOli MASTKIi. The laws and I'ceidiitions to ])i-event the obstruction or pollution of the har))or and to maiidain th(> public p(>ace in its \icinity arcM'uforccd bv the harboi- master, who also ])ei'forius many othei- t^-(M-man(> s(M-vices. His didies are facilitated by a steam \('ssel, and a crew, and several police ollicers subject to his direction. lie is ai)[)ointed by the Com- missioners for an indelinitc term. wiiAKK i'l.-onoirr'i and uaim'.oi; links. The Conimissionei's of the Disliict of Cohuubia ha\'e exclusi\-e juiis- diction over all wharf |)rop(M-ty belono-ino- to the I'niled Stat(^s or the District of Cohuubia in said District, and the waters adjacent thereto within the ])ier lines, except from tlu^ iu)rth lin(> of the Ai's(>nal ^rounds to the southern curb of N street south, and 500 linear fe(>,t of shore line in the llushino- reser\()ir at the foot of Seventeenth street west and the ^vesteI•n curb of said str(M't, including' a levees loo feet wide. The (yommissioners and the Child' of I^iUyinecrs of the Army ai-e authorized to make all necessary i-ules and rci^ulations for the pro])er care of said i)r()])erty, and lix the rat(> of wliarfa;tj;-e; but no leas(> shall extend beyond the period of ten years. The (commissioners and i\w, Chief of Kn^ineei-s of the Army, with the approval of the Secretary of War, have lixed the hai-boi- lines. (L. R. 107710; liO Stats., l;-}77.) rumjr hatiis. A fre(> i)u]>lic bathino- beach was constructed on the shore of the tidal i-esei'\()ir uiuh'r authority of an act of C'onercss approved Sep- tember (I, 1SI»(), and was luaintained uidil al)andon(Hl on September 1, 11)02. Pursuant to authoi'ity contained in the Disti'ict api)r()j)riation law of -luly 1, 11)02, another bathino- beach has been constructed on the imier ))asin; ])ut pi-ovision has also ])(M>n made in the District appropi-iation law of Maich ;•'», ll»o;',, for lloatine- baths to be placed in the tidal reservoir, which are now in process of construction. GOVERNMENT OF THE DISTRICT OF COLUMBIA. '201 The oxpciiso ol" niaiiageiiiciil uiul iiiiiiiiteruincc! is paid out of tljc Dis- trict's revenues, as other gcnci'al expenses are met. A small fee is charged for the hire of bathing suits to bathers who do not use their own, and this fee is paid into the Treasury, as other revenues of the District are deposited. About 50, 000 l>ath(!rs have ])een annually accommodated at this institution. STEAM ENGINEERS. It is unlawful for any person (except engineers who have been ru^ensed by the United States Government or the laws of any State) to act as steam enngineers must be at least 21 years of age and of temperate hahits. The fee foi' a licens(\ as such is ^^8 for original examination or promotion. h\)V intoxication on duty, for the fii"st ollVmse the license shall be susp(MKl(Ml for six months; for the second oll'ense, twelvemonths, and for the thii'd oifense shall be revoked and the licensee ineligible for for licensee for live years. Any owner or lessee of steam boiler or engine (except ))oilers used foi- steaui heating, where the water returns to the boiler without the use of a pump and injector oi- insi)irator, and which are worked auto- matically), or the secretary of any corporation, who shall knowingly em])loy a steam engineer as such who has not been regulai'ly licensed, sliull 1)(\ lined $50, or in default conlined one month in the workhouse. (24 Stats., 427.) PARKS AND PARKING. The parking and trees along the sidewalk are under the supervision and control of the Connuissic^ners of the District. 'i'here are approximately 85,000 sidewalk trees. The large parks in the city, such as that around the White House and the Monument, the various p.irked scjuares, and the circles and triangular pai'ks formed l)y the intersection of streets and avenues, are under the control of the officer in chiirge of public buildings and grounds, who is an officer of the Corps of P^ngineers 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 Army. It contains approximately 1,000 acres. (2(> Stats. , 492; 28 Stats., 252; 31 Stats., 578.) 202 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The Zoological Park contains approximately 175 acres and is under charge of the Secretary of the Smithsonian Institution. (25 Stats. , 808; 2{] Stats., 78; 31 Stats., 561; 31 Stats., 622.) The Potomac Park contains 621 acres. It consists of the greater pai't of the large tract of land south of north B street which has ])een reclaimed from the Potomac River, and is under the general charge of the Chief of Engineers of the Army. (2I> Stats., 624; '^.1 Stats., ()22.) INSPECTION OF BOILERS. The inspector of boilers is appointed by the Commissioners, and required l)y law to examine and test once each year ever}^ steam boiler used by private persons in the District for developing power to operate machinery, and condemn for use those which he decides to lie unsafe. lie 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., 133.) All boilers and engines shall also be subject to such safet}' tests as the Commissioners prescribe. (21 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 l)e demolished. For fees for permits issued by this office see list of license fees and other charges under head of "Methods of taxation.'" NumljiT and cduiMtcd raliic of buildings, additions, and, repairs in tlie District of t'ohim- hia under present form of (jorernment. Fisciil voar. 1879 , isso , ISSl , 1NS2 , 1.SS3 , J,S,S4 , ISSf) , IHSd , l.S,H7 1.SS8 , l.SH'J ISKO New buildings. Num- ber. r)!),s 7 so 71)0 (i'ji) y-ic. 1,194 1 , 077 2,191 2. 459 1,872 2, 191 2, 246 Value. SI, 472 I , SSC 1.74(1 2. 0;).") 2,9.'i,S 3, 3S0 3, .'i30 4,707 5, 900 f), 703 5, 353 (), 944 , 180. 00 , 937. 00 , ISO. m 515.00 202. 00 254. 00 1.57. 00 , 929. 00 149.00 371.00 , 9(10. 00 979. 00 Value of rc- ])airs and addition.s. «256, 231, 197, 3 offi(;o 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, plaid<, joist, scantling, and timber brought to and oll'ered 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 luml)er duly a])poinled ])v the C(mmiissioners, must be inspected and measured by one ol" thosc^ odicials, of whom there arc five, who are entitled to receive for such services a fee of 80 cents per 1,000 feet B. M., one-half of which shall l)e paid by the Imyer and the other half l)y the seller. (W. D., 252, KU. T.. A., 170, 258.) INSPECTION OF in>UMBIN(}. It is the duty of the inspector of plumbing to recpure all plund)ing, drainage, and sewerage work in connection with private premises to be done in accordance with the plumbing regulations. (27 Stats., 21.) lie shall inspect, or caus(^ to be inspected by his assistants, all houses when in course of erection in said District to sec that the })luinbing, drainage, and ventilation of sewers thereof conform to the regulations. Also, at any time during reasonal)le hours, on ap])lication of the owner or occupant, or the com])laint under oath of any respectable citizen, to inspect, or cause to be inspected, any house in said District, and to examine the pluml)ing, drainage, and ventilation of sewers thereof. It is also his duty to examine and pass upon all plans and specitica- tions filed in his office ft)r proposed ])lumbing work and house drainage under the plumbing regulations. He also examines and considers, in connection with the health office, :i!l plans for sewage disposal by means of broad irrigation or su])soil iri-igation. PLUMBING BOARD. The phmibing board consists of two master phunbers, one joui'ney- man plumber, and two employees of the District of Columbia having GOVERNMENT OF THE DISTEICT OF COLUMBIA. 205 a knowlodoc of plumbing-, gasfitting, and sanitary work, all appointed hy the Conniiissioners. A majority of said board is a quorum. (30 Stats., 477.) * It is the duty of the plumbing- board to examine all applicants for license as master phnnbers 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." HAY 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 nmst 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 pul)lic scales for one year 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 MARKETS. 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, 405); 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, Avere $9,923.85, and the authorized expenditures were $7,230, including $2,250 for repairs. CORONER. It is the duty of the coroner to hold an inipiest over auy 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 recpiire judicial investigation. (L. A., 174, 248, 292.) (21 Stats., 461.) His duties in case of absence or disability are performed by a deputy coroner. (28 Stats., 488.) The total number of deaths investigated b}' the coroner during the liscal year 1902 was 865, of which 218 were from accidents and other forms of v^iolence. 206 GOVERNMENT OF THE DISTRICT OF COLUMBIA. JUDICIARY. The judiciai-v of the District of Columbiu consists of a court of api)eals, a supreme court, a police court, justices of the peace, and a nuruhci- of United States coniniissioners. The court of appeals of the District of Oolum])ia consists of a chief justice and two associate justices. The compensation of the chief jus- tice is |r),r)0() per annum and that of the associate justices $6,000 per annum each. The members of this court are appointed by the President and con- firmed by the Senate, and hold office during good behavior. The jurisdiction of tliis 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 ap})eals may allow in the interest of justice. It also has jurisdiction in cases of suits and conti'oversies in law and equity arising under the patent or copyright laws, and damages for the infringement of any patent ]>y action on the case in accordance with sections 4919, 4920, 4921, chapter 1, Title LX, llevised Statutes of the United States. Any part}' aggrieved b}' the decision of the Connnissioner 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 co[)V right, or in which is drawn in question the validity of any statute of or an authorit}' exercised under the United States. The supreme court of the Disti'ict 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 l)y 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 conunitted within the District, and of all cases in law and eipiity between parties, ])oth 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 plaintifl' 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 nuniicipal govern- ments; it has also appellate jurisdiction over justices of the peace. It has jurisdiction of all apjAications for divorce, and may entertain petitions for change of name; and it has concurrent jurisdiction with (iOVKRNMENT OF THK DISTRICT OF COLUMBIA?. 207 justices of the peace when the amount in controversy 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, !i district court, a criminal court, and a probate court. The police court consists of two judges, whose compensation is $3,000 per annum each. They are appointed ])y the President of the United States for a term of six 3'ears. The jurisdiction of the court extends to the disposition of cases involving- minor offenses against the criminal laws and the holding of persons brought ))efore 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 contirmcd I)y the Senate for a term of four j^eai's. 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 conunissioners are appointed by the supreme court of the District. They are essentially examining magistrates, who conduct investigations into alleged violation of United States laws and decide whether parties appearing liefore them shall bo brought before the grand jury. STATUTE LIMITATIONS. The statute limitations are: Regarding judgments, twelve years; notes, three years, and open accounts, three years. LEGAL RATE OF INTEREST. The legal rate of interest in the District is per cent per annum where no rate is specified, but contracts may be made for an}- 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 Parliament found ai)pli- cal)le to the condition of the people, and the enactments of the provin- cial and State legislatut^es of Marjdand. This law was continued in force in the District of Cohmibia by 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 Conmiissioners in pursuance of the acts of Congress granting to them the power to 208 GOVEKNMENT OF THE DISTEICT OF COLUMBIA, make police and other municipal regulations, and recently by a code of law which Cong-ress enacted to simplify and systematically arrange the principal laws and methods of court procedure. MILITIA. 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 live 3a^ars in the militia of the District or of any State of the United States, ministers of religion, practicing phj^sicians, railroad conductors and engineers, policemen, hremen, idiots, lunatics, drunkards, paupers, and persons convicted of infamous crimes, except as it may be modified l)y the act of Congress approved January 21, 1903, entitled "An act to promote the efficiency of the militia, and for other purposes."" RELIGION. The tirst 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 exei'cise thereof," precludes legislation on thtit subject in the District of Columbia, in view of the fact that Congress exercises exclusi\x legislatixe authority at the seat of government. SEAL. The seal of the District of Columbia was adopted by the act of the legislative assemblv, as folloAVs: AN ACT adopting " seal I'or tlu' Distrirl of ('i»hniil)iii. Be it enacted by the leyidative ctssonldi/ of the Dixiriel of Cul.ninbio, Thut tlie following design be, and the same hereby in, adopted for tlu^ seal of the Dintrict of Colundna. [Here follows design.] Sec. 2. And be it further oiactnl, That the Secretary of the District shall have the ofheial charge and custody of said seal. Sec. 3. And beit further enacted, That the use of said design, as the seal of the Dis- trict, by the executive department of the District government is herel)y approved and legalized. Sec. 4. And l>e it further enacted, That in view of the enuvrgency arising from the necessity for and use of the seal of the District, this act shall go into effect imme- diately npon its i)assage. Approved August 8, 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 Columbia, ""^app roved February 21, 1871 (16 Statutes, 419). The office of the secretary of the District of Columbia, in whose custody the seal GOVEENMENT OF THE DISTRICT OF COLUMBIA. 209 was placed b}^ that act, was abolished by the act of June 20, 18Y4, and the seal has since been used by 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 ligure is "Constitution," in three lines of four letters each. Ll^f of the principal municipal authorities of tlie cities of Washbtglonatid Georgetown and of the District of Coliunhla. Name. Period. Name. Period. COMMISSIONERS TO LAY OUT 1 THE CITY OF AVASHINGTON. | Thomas Johnson, Maryland MAYORS OF THE CITY OF GEORGETOWN— continued. Thomas Corcoran 1805 to 1806, and Daniel Carroll, Maryland r>ayid Wiley 1808 to 1311, L»avid Stuart, Virginia and 1812 to Gustayas Scott, Maryland 1813, and 1818 Wm Tlionitoii P(*nnsvlyaniiL to 1819. AloxandtT Whito Mjirvlainl 1811 to 1812. William Crancli, Maryland .John Peter 1813 to 1818, and Tristam Dalton, Maryland Henry Foxall John Cox 1821 to 1822. MAYORS OF THE CITY OF W.\SH- June, 1802, to June, 1812. June, 1812, to June, 1813. June, 1813, to June, 1817. June, 1817, to June, 1819. June, 1819, to 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, to June, 1834. June, 1834, to June, 18.36. June, 1836, to June, 1840. June, 1840, to June, 18.50. June, 1850, to June, 1852. June, 1852, to June, 1854. June, 1854, to June, 1856. June, 18.56, 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 10 1798. 1798 to 1803. 1803 to 1805, and 1806 to 1808. 1819 to 1.821. 1822 to 1845. INGTON. Henry Addison 1845 to 1857, and Robert Brent Richard R. Crawford Charles B. Welch Henry M . Sweeney 1859 to 1867. 18.57 to 1859. Daniel Rapine 1867 to 1869. 1869 to 1871. James H. Blake GOVERNORS OF THE DISTRICT AND E.X OFFICIO PRESIDENTS OF THE BOARD CiF I'lIBLIC WORKS. Henry D. Cooke . . Benjamin G. Orr Samuel N. Smullwood Feb. 28, 1871, to Thomas Carberry Roger C. Weightinaii Alexander Robey Shepherd ... DEI.EGATK TO CONGRESS. Norton P. Chipman SECRETARIES. Norton P. Chipman Edwin L.Stanton Richard Harrington Sept. 13, 1873. Sept. 13, 1873, to June 20, 1874. Joseph Gales, jr ^ohn 1'. Van Ness William A. Bradley Peter Force William W. Seatou Apr. 21, 1871, to Mar. 4, 1875. Mar. 2, 1871, to Apr. 21, 1871. May 19, 1871, to Sept. 22, 1873. Sept. 22,^78, to June 20, 1874. Walter Lenox BOARD OF PUBLIC WORKS. Henry D. Cooke Alexander Robey Shepherd . . . S. P. Brown John W. Maury John T. To\vers While governor. Mar. 16, 1871, to Sept. 13, 1873. Mar. 16, 1871, to William B. Magruder A. B. Mullett Kei.t. 13, 1873. Mar. 16, 1871, to James G. Berret James A. ^lagruder _ June 2, 1873. Mar. 16, 1871, to Richard Wallach Sayles J. Bowen. Matthew G. Emery Adolph Cluss Henry A. Willar^siniiers. Mar. 3, 1885. \\'illiaiii TiiKlall, seerotary to Lieut. C. McD. Townsend Aug. 1, 1884, to tlie l)oai'(l. Mar. C, 1880. Tlie hiw made no provision Cai)l. F. A. Mahau Mar. 25, 1885, to I'ora piX'sidi'Kt to (his board of May 27, ]88(i. temporary Commissioners, and Capt. Eugene (irillin May 27, issc, to none was ever eleeted, Imt Mar. 0, 1888. Commissioner Dennison acted Capt.Thos. W. Symous June 6, 1886, to in tliat capacity at all hoard Nov. 1, 1889. sessions when he was jm'sent. Capt. S. S. Leach Mar. (■), 1888, to June 2, 1888. Pvrinnnciilfiirm a/ iiDVcrninnil. Capt.J.L. Lnsk June 2, 1888, to Mar. 1, 1893. Josiah Dt'Ut July 1, 1878, to Julv 17, 1882. Capt. Wm. T. Rossell Nov. 1, LS89, un- til detailed as Seth L('.oakd. John Wesley Ross Oct. 1, 1890, to William Tindall From July 1, 1878. Julv 29, 1902. GOVEKNMENT Ob" TlIK DISTKICT OF COLUMBIA. till OKGANIZATIOX OK HOAKDS OF COMMISSIONERS UNDER ACT OF JUNE 11, 1878. First Board. — Seth Ledyard Phelps, nonpartisan, president; Josiah Dent, Demo- crat; l\Iaj. William Johnson Twinint;-. From Jnly 1, 1878, to November 29, 1879. Second Hoard. — Josiah Dent, jiresident; Thomas riiillips Morgan, Repnblican; Maj. William Johnson Twining. From November 29, 1879, to May 13, 1882. Major Twining died May 5, 1882. Third Board. — Josiali Dent, president; Thomas Phillips JNIorgan, ^laj. (iarret J (initial only) Lydecker. From May lo, 1882, to July 17, 1882. No reelection of the president of the Board. Fourth Board. — Joseph Rodman ^^'est, Republican, president; Thomas Phillips Morgan, Maj. Garret J Lydecker. From July 17, 1882, to INIarch 8, 188:^. Fifth Board. — Josei)h Rodman West, president to March 29, 1883; James Barker Edmonds, Democrat; Maj. (iarret .1 hydecker. James Barker Edmonds president from March 29, 1883; Joseph Rotlman West, INIaj. Garret J Lydecker. From March 8, 1883, to July 22, 1885. No reelection of president of the Board. Si.vfli ]>oard. — James Barker Edmonds, invsident; William Benning WcJ>b, Repnb- lican; 'Sid'], (iarret J Lj'decker. From Jnly 22, 1885, to April 1, 188(>. President of the Board reelected. Screnth Board. — William lU'nning Webb, president; Samuel ImIwIu Wheatley, Democrat; Col. William Ludlow. From April 1, 1886, to January 27, 1888. Eiijhth 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. Niid}i Board. — John Watkinson Douglass, Repnblican, pi'csident; Tvcmon Galpin Hiiie, Democrat; INIaj. Charles Walkc Raymond. From May 21, 1889, to February 14, 1890. Teidh Board. — John Watkinson Douglass, ju'esident; Lemon (iali)in Uine, Lieut. Col. Henry Martyn Robert. From February 14, 1890, to October 1, 1890. President reelected. Elercnth J>o((rd. — John Watkinson Douglass, president; John AVesley Ross, Demo- crat; Lieut. Col. Henry JMartyn Robert. From October 1, 1890, to October 15, 1891. No reelection of president of the Board. Twelfth Jioard. — John Watkinson Douglass, president; John Wesley Ross, Capt. William Trent Rossell. From October 15, 1891, to March 1, 1893. Presidi-nt of the Board reelected. Thirteenth Board. — John Wesley Ross, president; Myron Mellville I'arker, Repub- lican; Capt. William Trent Rossell. From INIarch 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, Repul)licau; Capt. Charles Francis Powell. From March 10, 1894, to Man-h 2, 1897. Pri'sidi'iit of the Board reelected. Si.vteent}i Board. — John Wesley Ross, president; George Truesdell, Cajit. William Murray lUack. From March 2, 1897, to May 8, 1897. No reelection of president of (he Board. Seventeenth Board.— .JioUn \\'esley Ross, president; John Brewer Wight, Republican; Capt. William Murray Black. From INIay 8, 1897, to June 1, 1898. The last Board meeting at wliich Commissioner Black was present was held on May 2(5, 1898. Capt. Lansing 11. Beach acted in his stead from that date until June 1, 1898. President cf the Board reelected. F/ajhteeuth Board. — John Brewer Wight, president; John Wesley Ross, Capt. Lan- siug Iloskins Beach. From June 1, 1898, to May 9, 1900. 212 GOVERNMENT ()E THE DISTlilCT Ob' COLUMBIA. Nmelaidli Buard. — Heiiiy J')rown Floyd Macfarland, Republican, iireisidi-iit; John Wesley Ross, Capt. Lansing Hoskins Beach. Froui IMay 9, 1900, to October 31, 1901. Tirenlieth Board. — Henry Brown Floyd Macfarland, president; John "Wesley Ross, Maj. Jtihn Biddle. From November 1, 1901, to July 29, 1902, on which date Com- missioner Ross died. President of the Board reelected. Tiiriilij-fvnt Board. — Henry Brown Floyd jMacfarland, jJU'sideut; Henry Litchlield West, Democrat; Col. John Biddle. From October 16, 1902. Bresi.lent of the Board reelected. THE DISTRICT OF COLUMBIA. (Oilices, 4(11 Ijouisiaiia avriiue.) Commissioners. — Heniy B. F. ^lacfarland, Heni-y L. AVest, Maj. Jolni lUddle. Assistants to engineer coinmiKsiaiier. — Capt. H. C. Newcomer, Cajit. Chester Harding. Secretary to tlie Board. — AYilliam Tindall. Private secretaries to (hmmissloiiers. — Waldo C. Hibbs, Louis C.Wilson, IMoncnre Burke. Assistant secretanj. — ^^'il^aln F. JNIeyers. DISTRICT OFl-HCKKS. .I.s,sy,s,s(;;'. — Hopewell 11. Harneille. Jloard uf assistant as.ses.-:ors of real exlate mul e.rci.'. T. Tuj>i)er, president; John F. Cook, vice- president; Mrs. Eliza A. Babson, Miss Alary Ella Moore, Mrs. Mary L. J). Alacfarland, Will. 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. AV. Curi-idcn, AVilliam AL Sinister, Henry F. Blount, George Truesdell, LI. B. F. Alacfarlaiid, W. P. Dillingliam, J.' J. Jenkins; J. C. Kalleen, superintendent. lioard of trustees if Paform School for (urls. — Frank Strong, president; Chapin r.iown. Airs. W. W. Uockliill, 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. — J. Ormond AVilson, president; Bernard T. Janney, vice-pnssident; INIrs. Huldah A\'. Plackford, secretary; Mrs. Lncie E. I Mount, Clarence B. Rheem, AVilliam B. Gurley, James B. Nourse, Mrs. Emily L. Nourse, J. B. T. Tupper. Board of trustees of Carnegie Library. — Theodore AV. Noyes, president; Brainerd H. Warner, vice-president; Charles J. Bell, Rufus II. Thayer, Samuel A^^ AA^oodward, John B. Earner, Ainsworth R. Spofford, James T. DuBois, R. Ross Perry; AVeston Flint, librarian, secretary, and treasurer. Commissioners of pharmacy.— Frank 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 dcutm examiners. -K. Jerome. Allen, iirusident; C. \V. Apjilei-, ^\ . E. Diefenderfer, Mark F. Finley, John H. London. Board of viedical examiners.— John S. McLain, president; George N. Acker, Joseph T. Johnson, George C. Ober, Charles V. Purvis. Board of homeopathic medical examiners. ~J. B. G. Custis, president; Z. B. Buhbitt William R. King, T. L. McDonald, S. S. Stearns. Board of eclectic medical examiner.^. — Elbert G. Benson, presidenl; E. J. Collins Thomas Robinson, M. L. Jiilihn, R. R. Roberts. Board of medical supervisori<.—J . B. (i. Custis, J. S. McLain, Elbert G. Jlenson, L. C. Williamson, B. F. Leighton, William C. Woodward, health officer, secretary. ChemiM and impector of a.9p]ialt and cement. — A. AV. Dov.-. Collector of taxes. — E. G. Davis. Dejmty collector. — C. W. Collins. Coroner. — Dr. Ramsey Nevitt. Corporation coiDisel. — A. B. Duvull. Assistant corporation counsel.— Edw. II. Thomas, James J.. Bugli, jr., Arthur H. O'Connor, A. Leftwich Sinclair. Computing engineer. — C. B. Hunt. Dishursing officer — Charles C. Rogers. Electrical engineer. — AV. C. Allen. Engineer department. — Chief clerk, .\biier Y. I.akenau. Engineer of bridges. — W. J. Douglas. Engineer in charge of street e.i:tension.—\\v.\. P. Uicluirdir. Hour inspection, conmmsioners of. — The (i. J. Slayer, Cieorge W. CIski 1, B. B. Earn- shaw. Ilealili o/7?cer.— William C. Woodward, ]\r. D. Harbor master. — J. R. Sutton. Inspector of boilers.— E. F. Vermillion. Inspector of buildings.— Snowden Ash ford. Insiiecior of fuel. — John C. Howard. Inspector of gas and meters. — Elmer G. Runyan. Inspector of jilumhing. — IL B. Davis. Insurance, superintendent of. — Thomas E. Drake. IntendanI of Washington Asi/lum.—W. 11. Stoutciibnrt^li; visiting physician, [). Percy Ilickling. Permit clerk. — II. M. Woodward. Property cleric— E. O. Beckett. Seeder ofweiglils and measures. — William C. Haskell. Superintendent of property.— II. D. Simms. Superintendent o/j>arA;my. ASSKiNMENT OF DUTIES PETWFKN COMMIHSTONERS. COMMISSIOXKK lM.\('F.\KLAN'n. Anatomical board. P>oil('rs, inspection of. Cliarities, except Wasliint^'ton Asylum. Coal, inspection of. Columbia Hospital, appointment of trus- tees. Coroner. Dental examiners. Prntrt^ists to tlie poor, pjlectrical dejwirtn lent. Excise board. Fire department. Fisli wharf. Flour, inspection of. Food, ins])(M't-ion of. (las and meti'rs, inspector of. Harbor master. Flay sc^ales. H(>altb oflico. Insane. Insurance, sui)erintendent of. Liquor licenses. J.,umber, inspection of. Rlarkels. Aledical supervisors and examint'rs. Mnnici])al buildinoys, ex (jtlii'io trustee of. Rock Creek Park, board of control, presi- dent. Sealer of weights and measures. Sch(tols. Steam engineers, l)oard of examini^rs. Veterinary surgeon. Wood, inspection of. All business not otherwise" assigned. Commissioner l'>ii)ni,K. Aspbalts and cements. P>ridges. P>uildings, inspector of. Computing engineer. Conduits. C( )ntra(!ts. Elevators. Fire escapes. Highway extension. Parking. Pavements. Permit clerk. Plumbing. Property, superintendent of. River front. Roads. Rock Creek Park Conunissiou. 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 COMMIHHIONEK WesT. Aslu's, {garbage, etc. AssesKinonts. Awsessor. AsHistant assessors. Attorney (corporation connscl). Auditor. Ilalliiiij^ hcacli. (HainiH aj^ainst J)istrict of Cohnnl)ia. C(»hnn))ia IIosi)itaI, ex oilicio trnstcc of. Collector of taxes. Corporation counsel. Disl)ursin<;f ofiicer. Dog tags. Garbage, ashes, etc Ganger and inspector of s])irituoUHli({ii()r.«. Hacks and hack stands. Library, free pnl)]ic. Licenses, ex(;ept li(iuor. Police department. Property c-h^rk. Public library. Refuse, ashes, etc. Special assessments. Street and alley cleaning. Surgeons, polici; and fire departments. Taxes. Washington Asylum. Water-main assessments. Workhouse. I I]SrT;EX Alexandria Connty: Page. Created 14 Retrocession of, to Virginia 14 Aliens, ownership of land in the 1 Hstiict l)y 16 Alleys in the city of Washington 25 Alleys and minor streets, opening, widening of, etc 153 Area of the city of Washington 19 Area of the District of Columbia 5 Assessments: For cleaning of offensive cesspools .• 157 Of steam railroads for street lighting, etc 157 For cost of erection of fire escapes 1 57 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 cnrbing 151, 152 For house connections 1 52, 157 For water mains 154 For removing dangerous structures, etc ". 156 For removal of weeds 1 56 For drainage of lots 156 Of railroad companies for special policemen at crossings 157 Assessor 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, width, etc 25 Bathing beach 200 Board — Of assistant assessors. Of personal-tax appraisers 158 Of personal-tax appeals 159 Board of charities, apiwintment and duties of 180 217 218 INDEX. Board of CUiildren'.s (juardiaiiH: Page. Appointment and duties of, etc- 1 82 Power in re delinquent children 1S3 Board of Connuissionens, organizati( m of, etc 211 Board oi dental examiners 190 B( lard of education 1 78 Board of equalization and review: I Ii)\v constituted ."" 1-14 Bower and duties of 145 Time of meeting l-l'""' Shall hear apjieals from yearly assessmcMits H.") liuanl of h(>alth, list of meud")ers 20!) ]>oard of medical examiners, ai)pointment, term, duties, etc 194 Board of medical supervisors 195 Board of jjublic works, list of members 209 Boilers, insj)ection of 202 Bond: Of Oommissioners 142 Of asw^ssor 144 Of contractors 1~7 Biennial examiiialion of oll'icial 177 Benewal of oflicia! 177 Buildings: Annual listing of, for taxation -- 145 l)aman'e(l or destroyeil, assessment shall he reduceil 145 InsjM'ction of 202 Number of new, sin:'i' 1S79 202 Boundaries of the DislricI of Oohunhia 9, 14 r)OUndaries of ( ie()rgelown 26 Txinndary of the city of Washington 18 Carrollsburg 10 Census of the District of Cohuubia --- 1-^ Certificates of taxes and assessments 150 Color, penal discrimination on ace -omit of, aholished 16 Conunissioners api)ointe(l to lay out Histrict 7, 9, 23 Commissioners of the Hislrict of ('olmid)ia: Alipointment of, tenure of ollict^ and (jualilications 141^ Ai)i)ointment and removal from olfice by / 143 Board of, for transaction of business 142 ])resideut of 142 quorum of 142 P.oards of, list of 21 1 Bond of 142 Duties of, general 143 subdivision of 142 ex officio ^42 assignment of, year 1 90."] 214 Estimates of expenses for each fiscal vear must he snhmitled hy 143 List of ■ 210 Oath of, office of - 142 Obligations, shall not incur without authority of Congress 143 Political status of 142 Salarv and 1 h )nd of 142 INDEX. 219 Page. Commissioners of pharmacy, api)ointineiit ami duties of 195 CongreHS of the United States: Page. Jurisdiction of, over the District of ('oluiii})ia to be exchisive 6 ti me of vesting of 11 Meetings of — First in the District of Cohim])ia 12 Previous i)hu'es of i;', Contracts: Im)!- j)nl)lic works, etc, in the District of ( 'ohnnhia 177 ("oroiicr, (hitic'S, etc L'Of) Counties, division of the District into 11 Courts of tiie District of Columbia 20(5 Dangerous structures, removing of ITjC Delegate to Congress 209 Dental examiners 196 Departments of General Government, transfer of, to Die District of ( 'olund)ia. 12 Disl)ursements of moneys of the District of ( 'obnnbia 175 District of Columbia: Authority for the establishment of (j 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 G Divided into counties 14 ( Jovernor of, a])pointment 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 establislied 29 Naming of 11 Oflicials of, for year 1903 212 Part ceded by Virginia retroceded 14 Present form of government for 141 President's arrival in 12 Seat of < iovi'rnment of the lTnites, vie, of h(»alth officer 193 Highways: De(;lared to be post routes 25 See also Streets and aveiuies. House connections, with water mains, sewers, etc., assessment for 152 House of delegates established for the District of Colmnliia 29 Housii of detention 189 Industrial Home School ISO Insane, care, treatment, or transportation of 186 1 nterest, legal I'ate of 207 Jail \ 187 Judiciary of the District of Columbia 20(5 Laws in force in the District of Colund)ia 207 L' Enfant, Maj. Pierre Charles 20 INDEX. 221 Levy Court: Page. Appointed 1)y the Preyideiit 28 Abolished 29 City of Washington to be represented in niemberHhip of 29 Jurisdiction of, in the District of Cokimbia 28 Membership of, reihiced 29 Number of members and their assignments 28 Library ( Carnegie) see Public) 180 Licenses and fees, list of 105 Lighting of streets, etc 197 Ligliting tracks of steam railroad companies 157 Lots in the city of Washington: Bought by tlie United States 22 Donated to the United States 22 Jjumber, inspection of 204 Markets: Monthly rates for stalls 168 Keceipts, etc 205 Map of the District of Columbia 9 Maryland, cession of land for site of District ) ly 8 Mayors: Of Georgetown, list of 209 Of Washington, list of 209 Mayors of the city of Washington: Api)ointed by the President 23 Elected by the people 24 city counci I 24 Medical examiners 194 Medical supervisors 195 Method of taxation in the District of Columbia 143 Militia of the District of Columbia 208 IMinor streets and alleys, oiiening, widening, etc., of 153 Municipal corporation. District of Columljia created 11 Muni(-ii)al government of the District of Columl)ia: First established 29 Abolished 29 Officials of 29 Present form, establishment of 29 Naming the District of ColumJjia 11 Parks and parking 201 Pavements, character ( if wcjrk, miles and sijuare yards of 198 Personal property: Taxation of 158 Subject to taxation, schedule of 158 Schedule of, iiuist ))e 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 lioard of 204 222 INDEX. Police department: ' i>,,j,(. rersonncl, etc 187 (.iualilicatioiis of aj)i)licants for appointinciit \'.\ 187 Special and addilidiial i>i)lice 188 Appointment and removal of ixiIIccmiumi 189 Patrol and ambnlance system ; 189 Surgeons of lilO Pension fund ^ 190 I'olicemen, .S[)ecial, at crossings, railroad ruiiipaiiics lo pay salary of 157 Post routes, highways declart'c 1 to he 25 Potomac River: Navigability of 5 TiOwer 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: l'\)r muiucipal works ] 76 I'or material, supplies, etc 176 PuMit- buildings, ollicer in charge of, an odicjal of l!u- vltv of Wasiiingloii ... 23 Public library 180 Public: works, ]tro))osals for 17(5 Rai 1 road compan i es : Steam, lo jiay cost for lighting streets, etc., along tra( ks 157 Street, assessed for ]>aving adjacent to tracks 158 length of track, etc I'.KS, 199 Rate of taxation: On personal ])roperty Hi! On real i>roperty 116 Real i)roperty: Assessed \al ue of, for 1 903 1 74 Assessment of 11-1 a])peal from 145 Reassessment of, when subdivided 146 Bought at tax sale for District of ( 'olundna 149 Designations of ]>arcels of 151 Exemptions of 147 Listing of, annually 145 Reassessment of taxes which have been declared void 150 Records of assessor, ])ublic inspection of 147 Reform schools 186 Retents from contractors 1 78 Revenue: Of the District of Colund)ia, sources of 143 Collection and deposit of 150 Schools: Board of education has control of 178 Nmnber of j)upils and teachers in 179 Expenditures for 179 Sessions of 179 Seal of District of Columbia 208 Sealer of weights and measures: Fees for testing, st'aling, etc 173 Duties, etc 203 INDEX. 223 Seat (jf governnicnt: Page. District of C