ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA BY WILLIAM TINDALL // Printed for use of the Committee on the District of Columbia, House of Representatives WASHINGTON GOVERNMENT PRINTING OFFICE 1909 ^i *W 18 1942] PREFACE. The distinctive object of this compilation is to present in chrono- logical order the essential features of the principal legislative and official measures affecting the origin, establishment, and local govern- ment of the permanent seat of government of the United States, but a number of historical facts of general interest and not strictly within that categor}^ 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 n>entioned 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 \T. D. to Webb's Digest of the laws of the city of Washington. William Tindall. ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA. The District of Columbia is the permanent seat of the Government of the United States of America (p. 81). LOCATION AND TOPOGRAPHY. It is situated on the left or eastern bank of the Potomac River, 106 miles from its entrance into Chesapeake Bay and about 185 miles, via that river and bay, from the Atlantic Ocean. The center of the District, as originally established, is in longitude 77° 02' 27.745" west of Greenwich; in north latitude 38° 53' 34.915", and in the vicinity of Seventeenth and C streets NW., in square south of square No. 173, in the city of Washington; but, as a consequence of the retrocession to Virginia of the portion of the District derived from that State, the original center point is now nearly on the south- western border, although it is still approximately midway between the eastern and western extremes. It is 1,305 feet north and 1,579 feet west of the Washington Monument. The District consists topographically of an urban section, named "the city of Washington," and of a suburban and agricultural section, which contains a number of unincorporated villages. It embraces an area of 69.245 square miles, 60.01 square miles of which are land. Its surface is generally irregular and undulating, rising from the level of mean low tide in the contiguous Potomac River to an elevation of 420 feet at the highest point, which is about a half mile southeastwardly from the middle of its northwestern boundary. The main branch of the Potomac River forms the southwestern boundary. It is joined from the east, about 3 miles north of the southern apex of the District, by the Anacostia River, or Eastern Branch, which flows through the District in a southwesterly course to that point. The navigation of the Potomac for vessels of commerce practically terminates at the Aqueduct Bridge, about 3 miles from its junction with the Anacostia; the like navigation of the Anacostia stops at the Nav3-Yard Bridge, about 2 miles above its junction with the Potomac. 5 b GOVERNMENT OF THE DISTRICT OF COLUMBIA. AUTHORITY FOR ITS ESTABLISHMENT. The District of Columbia was established as the seat of government of the United States by proceedings taken under authority and direc- tion of the acts of Congress approved July 10. 1790, entitled ''An act for establishing the temporary and permanent seat of the Government of the United States" (1 Stats., 130) (pp. 72, 75, and 81), and the act of March 3, 1791, entitled "An act to amend 'An act for establishing the temporary and permanent seat of the Govivrnment of the United States'" (1 Stats., 214) (p. 84). Those acts were passed pursuant to the following provision contained in the eighth section of the first article of the Constitution of the United States, enumerating the powers of Congress, viz: To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding 10 miles square) as may, by cession of particular States, and the accept- ance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. An abstract of the Congressional proceedings prior to the passage of said acts, on the subject of locating the seat of government, is contained in Appendix 1 (p. 30). The right to exercise exclusive authority at the seat of government was conferred upon Congress to enable it to provide for the conven- ience and protection of the several agencies of government there in a manner compatible with the needs and dignity of the nation. Among the considerations which led to the investiture of Congress with such absolute jurisdiction were tlie 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 Arm3% impatient at the long neglect to pay them for their services, and the admission of the authorities of that city and of the State of Pennsylvania that they were unable to protect it from the threatened intimidation (p. 31). With reference to this grant of exclusive legislation, Mr. Harper, on December 31, 1800, made the following statement in Congress in reply to an observation that it was not necessary for Congress to legislate for the government of the District of Columbia, as the people of the District had lived happil}'^ for one hundred years under their respective State governments: But the provision of the Constitution on this subject had not been made with this view. It was made to bestow dignity and independence on the Government of the Union. It was to protect it from such outrages as had occurred when it was differ- ently situated, when it was without competent legislative, executive, and judicial power to insure to itself respect. While the Government was under the guardian- ship of State laws, those laws might be inadequate to its jirotection, or there might GOVERNMENT OF THE DISTRICT OF COLUMBIA. 7 exist a spirit hostile to the General Government, or, at any rate, indisposed to give it proper protection. This was one reason, among others, for the provisions of the Constitution confirmed and carried into effect by the acts of Maryland and Virginia and by the act of Congress (p. 76) . See Mr. Madison's views on same subject (p. 140). SITES FIRST SELECTED. The Congress of the Confederation resolved on October 7, 1783, "that buildings for the use of Congress be erected on or near the banks of the Delaware or of the Potomac, provided a suitable district can be procured on one of the rivers as aforesaid for a Federal town, and the right of soil and an exclusive or such other jurisdiction as Congress may direct shall be vested in the United States." Also, " that the place on the Delaware for erecting buildings for the use of Congress be near the falls " (p. 39). On the 21st of that month it was resolved "that buildings be like- wise erected for the use of Congress at or near the lower falls of the Potomac or Georgetown " (p. 42). An appropriation of $100,000 was made on December 20, 1784, to erect the necessary buildings (p. 47). On December 23, 1784, Congress ordained that "three commission- ers be appointed with full powers to lay out a district of not less than 2 nor exceeding 3 miles square, on the banks of either side of the Dela- ware, not more than 8 miles above or below the falls thereof, for a Federal town," etc., and on 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 his stead; but the proceedings of Congress do not show that any further action was taken under that ordinance (pp. 47, 48, 49, 60). None of these measures were carried into effect, but the whole sub- ject of providing a seat of government was deferred by a resolution of August 6, 1788, to the consideration of the Congress provided for by the Constitution (p. 55). In September, 1789, the Senate and House passed, on different days, a bill to locate the seat of government at Germantown, Pa.; but its final consideration on amendments having been deferred until the next session it never became a law (pp. n around the Jones Point light-house. It is und(>r the gateway, and almost directly south of the center of the light-hou^^c. on the north bank of Hunting Creek. A survey of the District, which was commenced in 1881 under the direction of the United States Coast and (reodetic Surve}-, demon- strated that the boundary lines as laid down by the commissionci-s in 1790 are incorrect. The northern point is 116 feet west of the merid- ian running through the southern corner, and each of the sides exceeds 10 miles in length." (See cut, page 9.) The land boiindarj^ of the District of Columbia is marked on the ground by sandstone mileposts 1 foot square and 2 feet high, numbered from 1 to 9, from right to left. They bear on the side facing the Dis trict the legend, "Jurisdiction of the United States," and the nmnber of miles they respectively are from the corner at which the numerical series to which they belong begins. On the opposite side they bear the inscription "Maryland,'' on the third side the year 1792, and on the fourth side the variations of the compass. TOWNS IN THE DISTRICT AT ITME OF CESSION. At the time the District was established three towns existed in the portion of it which was ceded from Maryland, namely. Georgetown, Carrollsburg, and Hamburg. The last two, although they were laid out on the records, had no corporeal existence. Carrollsl)urg was the name of a tract on the northern bank of the Eastern Branch east of Arsenal Point, containing 160 acres, subdivided into 268 lots, under a deed of trust recorded at "Marlborough,"' Md., November 2, 1770. Hamburg, sometimes called Funkstown, fronted on the Potomac in the neighborhood of Twent3'-fourth street west, and contained 120 acres, subdivided into 287 lots, by its owner, Jacob Funk, by a plat also recorded at "Marlborough," Md.. October 28. 1771 (p. 113). ACCEPTANCE OF THE SITE. Section 3 of the aforesaid act of July 16, 1790. prescribes, among other things, that "the District so defined, limited, and located Khali he deemed the District accepted by this act for the permanent seat of the Government of the United States." Section 1 of the same act " An account of this and other surveys and maps of the District is contained in a paper presented Vjefore the National Geographic Society by Marcus Baker, March 23, 1894, and pubhshed in Vohinie W of the National ( ieographic Magazine. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 11 contains a substantially similar provision. 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 DISTRICT. The lirst official mention of the district by name is in a letter of the original Commissioners dated September 9, 1791, in which they. state: ' ' We have agreed that the Federal district shall be called the Territo^}' of Columbia," etc. (p. 94). 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 title^ but not in the body, of "An act authorizing a loan for the use of the city of Washington, in the District of Columbia, and for other purposes therein mentioned," approved May 6, 1796; but a previous statutory use of the name appears in the fourth section of the act of the Maryland legislature, approved in November, 1793, entitled "A further supplement to the act concerning the Territory of Columbia and the city of Washington" (p. 114). The seat of govern- ment is mentioned in at least one act of Congress as the Territory of Columbia and the District of Columbia, indiscriminately. (2 Stats., 193 and 194.) Although the territory at the seat of government is referred to in various statutes as the District of Columbia, it was not until February 21, 1871, that Congress directly legislated on the subject of 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 part of the territory of the United States included vAiMn the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes. ( 16 Stats. , 419. ) But this act omitted to define the limits to which it referred. Congress, obviously in doubt as to the 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 which was ceded by iJie /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 definitel}^ indicates the territory it names. ASSUMPTION OF LEGAL .JURISDICTION BY THE UNITED STATES. The acts of cession of Virginia and Maryland provided that the juris- diction of the laws of those States, respectively, over the persons and 12 GOVERNMENT OF THE DISTRICT OF COLUMBIA. property of individuals residing within the limits of the sections so ceded should not cease or determine until Congress, having accepted such cession, should by law provide for the government thereof under its jurisdiction in the manner provided in the eighth section of the first article of the Constitution of the United States. Section 1 of the act of Congress approved July 16, 1790, contains a corresponding provision. (See also act of Feb. 27, 1801, 2 Stat., 104.) The authority of the Government of the United States over the Dis- trict of Columbia '' in full and absolute right and exclusive jurisdiction as well of soil as of persons residing or to reside thereon, became vested on the first Monday of December, 1800." (Cranch's Circuit Reports, Vol. 1, pp. 15 to 21, (p. 102.) TRANSFER OF THE SP:AT OF GOVERNMENT TO THE DISTRICT OF COLUMBIA. The date of the transfer of the seat of government to the District of Columbia was fixed by the first paragraph of section 6 of the act of July 16, 1790, as follows: ''^ And he it enacted^ That o\\ the said first Monday in December, in the year one thousand eight hundred, the seat of the Government of the United States shall, by virtue of this act, be transferred to the District and place aforesaid;" the place referred to ])eing the portion of the District selected for the Federal city. An act of Congress approved April 24, 1800 (2 Stats., 55), authorized the President of the United States to direct the removal of the various Executive Departments to the city of Washington at any time after the adjournment of the first session of the Sixth Congress and before the time fixed by the act of July 16, 1790, For the transfer of the seat of government to that place. The date of the first meeting of Congress in the District was fixed by an act passed May 13, 1800 (p. 102), for the 17th day, or the third Monday, in November, 1800; but it actually met for the first time in the District on November 21, which was the first day of the session when a quorum of both Houses was present. The meeting was in the north wing of the Capitol, then the only completed part of the l)uilding. A quorum of the House of Representatives was present on the 18th of that month. The President arrived in Georgetown on June 3. ISOO, and in Wash- ington the next A'Ay. The personnel and records of the several Departments were trans- ferred from Philadelphia to Washington about the same time, at an expense of $32,872.34, and those Departments were fully removed to the latter city by June 16, 1801. (Senate Doc. No. 238, second session, Fift3^-fifth Congress.) GOVERNMENT OF THE DISTRICT OP COLUMBIA. 13 The Supreme Court held its first session in Washington on the 2d of the ensuing February; but the first session at which a quorum of that court was present was held on the 4th of that month. PREVIOUS MEETING PLACES OF CONGRESS. The Congress of the Revolution first met in Philadelphia, Pa., on September 5, 1774, and remained there until Wednesday, December 12, 1776, when it adjourned to Baltimore, Md., in consequence of the approach of the British army (p. 30). It met in Baltimore Friday, December 20, 1776, and remained there until Februar}^ 27, 1777, when it adjourned to Philadelphia, where it met on the 4tli of the next March and adjourned from day to day until the 12th of that month. (lb.) On the 18th of September, 1777, military necessity again led to its removal from Philadelpliia. It thereupon adjourned to Lancaster, Pa. , where it met on Saturday the 27th of that month, and on the same day adjourned to meet at Yorktown in the same State, at which place it assembled on Tuesday the 30th of the same month. (lb.) It remained in York until Saturday, June 27, 1778, when, in view of the evacuation of Philadelphia by the British, it adjourned to that city, where it held its next session on Thursday, July 2, 1778. (lb.) It remained in Philadelphia until June 21, 1783, when in conse- quence of the menacing demonstration toward it by the unpaid sol- diers of the Revolutionar}^ Army, it adjourned to meet either at Trenton or Princeton, N. J., as the President might direct (p. 31.) Upon the summons of the President it met at Princeton on the 30th of June and continued to hold its sessions there until November 4, 1783 (pp. 31, 43). On November 26, 1783, it met in Annapolis, Md., where it remained until June 3, 1784 (p. 43). It next met in Trenton, N. J., from November 1, 1784, until Decem- ber 24, 1784, when it adjourned to meet in the city of New York (p. 49). It met in New York City on January 11, 1785, and continued to meet there until March 4, 1789, when it was succeeded by the Congress provided for in the Constitution (p. 57). The Congress provided for by the Constitution first met in New York City. The first Wednesday, which was the 4th day of March, 1789, was the day appointed by the resolution of September 12, 1788 (p. 57), for "commencing proceedings" by the Congress provided for by the Constitution, and several members of each House were present on that day, but no quorum appeared in the House of Representatives until the 1st of April, 1789, nor in the Senate until the 6th of that month. On December 6, 1790, Congress removed to Philadelphia 14 GOVERNMENT OF THE DISTKICT OF COLUMBIA. which was chosen by the act of July 16, 1790, as the temporary seat of government until its removal to the District of Columbia. AUTHORITY FOR TEMPORARY REMOVAL OF THE SEAT OF GOVERNMENT. Section of ''An act respecting quarantines and health laws," approved February 25, 1799, provides that — In case of the prevalence of a contagious or epidemical disease at the seat of gov- ernment it shall be lavi^ful for the President of the United States to permit and direct the removal of any or all the public offices to such other places as, in his discretion, shall be deemed most safe and convenient for conducting the public business. (1 Stats., 620.) This legislation originated in a Senate amendment, and was a sequela of the yellow-fever epidemics which scourged the city of Philadelphia in 1793 and in 1798, and so severely during the latter year that the President of the United States and the offices of the General and State governments temporarily removed to Germantown. Pa., to avoid the pestilence. (See Watson's Annals of Philadelphia, vol. 2, pp. 41, 63, and 94.) COUNTY SUBDIVISION. The District was divided into two counties by an act of Congress approved February 27, 1801. The portion derived from Virginia was named the county of Alexandria, and the portion from Maryland, including the islands in the Potomac River in said District, was named the county of Washington. (2 Stats., 105.) RETROCESSION OF ALEXANDRIA COUNTY. Pursuant to an act of Congress of Jul}^ 9, 1846 (9 Stats., 35), and with the assent of the people of the county and town of Alexandria, at an election on the first and second days of September. 1846, b}'^ a viva voce vote of 763 for retrocession and 222 against it. President Polk, by proclamation of September 7, 1846, gave notice that the portion derived from the State of Virginia was re-ceded to that State. The District was thereby reduced to its present area. (9 Stats., 1000.) The action of Congress and the President was based upon petitions of the people of the town and county of Alexandria. Va., set forth in House of Representatives Report No. 325, of the first session of the Twenty-ninth Congress, dated February 25, 1846 (p. 102). BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA AXI> THE STATE OF VIRGINIA. The boundary line between the District of Columbia and the State of Virginia is held 1)}^ several judicial decisions to be high-water mark on the Virginia shore of the Potomac River, and that the act of Congress of March 3, 1879, does not applv to the portion of the GOVERNMENT OF THE DISTRICT OF COLUMBIA. 15 Potomac River abutting the District of Columbia. (See Evans v. U. S., 31 Appeals, D. C, p. 541; and Morris -y. U. S., 174 U. S., p. 225.) The act of February 27, 1801 (2 Stats., 103), dividing- the District of Columbia into two counties, prescribes "and the said river in its whole course through said District shall be taken and deemed to all intents and purposes to be within both of said counties," so that the whole breadth of the river proper became a part of the two counties, in com- mon for all purposes. CENSUS. The population of the District from 1790 to 1908 has been as follows: 1790. 1800. 1810. 1820 . 1S30. 1840. 1850. 1860. 1870. 1878. 1880. 1885. 1888. 1890. 1894. 1897. 1900. 1906. 1906. 1907. 1908. Washing- ton. 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, 745 259,100 George- town. 2,993 4,9-18 7,360 8,441 7, 312 8,366 8,733 11,384 11,571 12,578 14, 322 14,345 14, 046 15, 747 16, 809 (d) Wash- ington County (subur- ban). 1, 2, 2, 2, 3, 3, 5, 11, 16, 17, cl5, 24, 27, 37, 41, 45, Alexan- dria city. 2,746 4,971 7,227 8] 218 8,263 8,459 (a) Alexan- dria County (subur- ban). 978 1,325 1,488 1,310 1,.508 (a) Total. 2,746 14, 093 24, 023 33,039 39,834 43, 712 51,687 75, 080 131,700 160, 051 177, 624 203, 459 21S, 157 230, 392 270, 619 277, 782 278, 718 323, 123 326, 435 329, 591 339, 403 Colored included in total. 2,472 5, 126 7,278 9,110 9,819 13, 746 14, 216 43, 403 53, 624 59, 402 67, 188 72, 622 75, 572 87, 034 88, 326 87, 186 96, 695 96, 018 96, 188 97, 483 Slaves included in col- ored. 2,072 3,554 4,520 4,505 3,320 3,687 3, 185 a Alexandria city and county re-ceded to Virginia in 1846. bSee under head of "Abolition of African slavery," infra. The decrease in population of Alexan- dria County in 1830 was due to absence of slaves and other residents thereof employed in construct- ing the Chesapeake and Ohio Canal. cThe item of 15,531 for suburban census of 1885, although apparently erroneous, agrees with the official returns. d Georgetown 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 was 14,549. The census for 1800 and each subsequent decade was taken bv the United States: for the year 1878 by the board of assessors, and for the years 1885, 1888, 1894, 1897, 1905, 1906, 1907, and 1908 by the Metro- politan police department. ABOLITION OF AFRICAN SLAVERY. African slavery in the District of Columbia was abolished April 16, 1862, by the act of Congress approved on that date, and entitled "An act for the release of certain persons held to service or labor in the District of Columbia" (11 Stats,, 376), which provided, among other things: That all persons held to service or labor within the District of Columbia by reason of African descent are hereby discharged and freed of and from all claim to such service or labor; and from and after the passage of this act neither slavery nor invol- untary servitude, except for crime, whereof the party shall be duly convicted, shall hereafter exist in said District. ' This act also directed the President of the United States to appoint three commissioners to appraise and apportion the value and validity of claims of "all persons loyal to the United States" "for service or labor against persons discharged therefrom by this act," "not to 74986—09 2 16 GOVERNMENT OF THE DISTRICT OF COLUMBIA. exceed in the aggregate an amount equal to three hundred dollars for each person .shown to liave been so held by lawful olaini." One mil- lion dollars was appropriated in the act to carry it into eli'ect, and $100,000 more to aid in colonizing in Haiti, Liberia, or such other countr}' as the President might determine, such free persons of African descent then residing in the District as desired to emigrate. Trade in slaves in the District was by act of September 20, 1850, prohibited after January 1, 1851. (9 Stats., 467.) PENAL DISCRIMINATION ON ACCOUNT OF COLOR DISCONTINUED. Persons of color were made subject to the same penalties as free white persons, and no other, for violations of law on and after May 21, 1862. (12 Stats., 107.) OWNERSHIP OF LAND BY ALIENS. Section 6 of the act of the State of Maryland "concerning the Ter- ritory of Columbia and the city of Washington," passed December 19, 1791, provides: That any foreigner may, by deed or will hereafter to be made, take and hold lands within that part of the said Territory which lies within this State in the same man- ner as if he were a citizen of this State; and the same lands may be conveyed by him and transmitted to and inherited by his heirs or relations as if he and they were citizens of this State: Prorklcd, That no foreigner shall, in virtue thereof, be entitled to any further or other privilege of a citizen. The object of the foregoing legislation was, as stated in the pre- amble to said act, "that avowing foreigners to hold land within the said Territory will greatly contribute to the improvement and popu- lation thereof (p, 94)." This privilege was substantially modified by subsequent acts of Con- gress and is now governed by sections 396 and 397 of the code of laws for the District of Columbia, as follows: It shall be unlawful for any person not a citizen of the United States or who has not lawfully declared his intention to become such citizen, or for any corporation not created by or under the laws of the United States or of some State or Territory of the United States, to hereafter acquire and own real estate, or any interest therein, in the District of Columbia, except such as may be acquired by inheritance: Provided, That the prohibition of this section shall not apply to cases in which the right to hold and dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they exist by force of any such treaties, shall continue to exist so long as such treaties are in force, and no longer, and shall not apply to the ownership of foreign legations or the ownership of residences by representatives of foreign governments or attaches thereof. No corporation or associationX)f which more than twenty per centum of the stock is or may be ia. 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 right 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 efi'ect. The qualifications of voters in the portion derived from Maryland were at that time as follows: All free men above 21 years of age having a freehold of 50 acres of land in the county in which they offer to vote, and residing therein, and all free men having property in this State above the value of £30 current money, and having resided in the county in which they offer to vote one whole year next preceding the election, shall have a right of suffrage, etc. (Constitution of Maryland.) When the District ceased to be a part of Maryland, its residents, no longer being residents of any county of Maryland, consequently lost the right to vote in the elections of that State. The qualification of voters in the portion of the District derived from Virginia at the time of the cession was the possession of a cer- tain amount of real property in the county in which the vote was cast. (Vol. 8, p. 306, Hening's Statutes at Large of Virginia.) When that part of the District ceased to be under the jurisdiction of any county of Virginia, that right of sufi'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 with the right of suffrage in municipal matters, as hereinafter shown under the head of "The cities of Washington and Georgetown,'' and the form of municipal government created by the act of Congress of February 21, 1871, but that right has not existed in the District since June 20, 1874, when the latter form of government was abolished. FORMS OF LOCAL GOVERNMENT. A brief account of the several forms of local government which have been in operation in the District since its establishment as the seat of the General Government is hereinafter given under the heads of "The city of Washington," "Georgetown," "The levy court," and "The District of Columbia." THE CITY OF WASHINGTON. The locality in the District of Columbia designated "the city of Washington" occupies a peninsula formed by the main and eastern branches of the Potomac River. It embraces the Federal city as laid 18 GOVERNMENT OK THE DISTRICT OF COLUMBIA. out by the commissioners appointed in 1791 and the town of George- town, which was consolidated with it February 11, 1895, by an act of Congress of that date. (28 Stats., 050.) The city as it existed prior to its consolidation with former George- town was established pursuant to the provisions of section 8 of the act of Congress of July 16, 1790, entitled "An act for establishing the temporary and permanent seat of the Government of the United States'"" (1 Stats., 130), which provided that the eonimissionors ap- pointed under section 2 of said act to define the limits of the District of Columbia should have the power * to purchase or accept such quantity of land on the eastern side of said (Potomac) river, within the said District, as the President shall deem .proper for the use of the United States, and according to such plans as the President shall approve; the said commissioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hun- dred, provide suitable buildings for the accommodation of Congress, and of the President, and for the 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 1(5, 1790, ''that nothing herein contained shall authorize the erection of the public buildings otherwise than on the Maryland side of the river Potomac." JU)UNI)AR1ES OF THE CITY OF WASHINGTON. The boundaries of the city of Washington were never specifically defined by acts of Congress, but those of the city as it existed prior to the annexation of Georgetown were incidentalh^ fixed by the Presi- dent of the United States, pursuant to the discretion vested in him b}' section 3 of the act of July lO, 1790, which empowered the commis- sioners appointed under that act to purchase or accept land and pro- vide buildings for the accommodation of Congress, the President, and the public offices, as the President might deem proper. In the exer- cise of that discretion the President appro\ed of the plan embracing the land deeded by th(; 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 wide of Rock Creek, at a Htone standing in the middle of the main road leading from Georgetown to Bladensburg; thence along the middle of the said road to a stone standing on the east side of the Reedy Branch of Goose Creek; thence southeasterly, making an angle of sixty-one degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladens- 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 with the waters of the Eastern Branch, Potomac River, and Rock Creek, to the beginning. GOVEENMENT 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 Territory of Columbia and the city of Washington" (p. 96). By an act of Congress approved August 18, 1856 (11 Stats., 120), the bounds of the corporation of the city of Washington were extended so far as to comprehend the lower Eastern Branch or Navy -Yard Bridge. The bounds of the city of Washington and of the county of Wash- ington were also extended so far as to embrace the causeway and bridge across the Potomac to the opposite shore, and those corporations empowered 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 by the annexation of Georgetown, whose precise extent has never been determined, but which is estimated by 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 off upon their lands, etc., entered into a preliminary agreement with the commissioners, April 12, 1791, to convey the land in trust for that purpose (p. 85). PROCUREMENT OF THE SITE. The proprietors of the 6,110.94 acres conveyed the same on June 29, 1791, in trust to two trustees, Thomas Beall and John Mackall Gantt, "to be laid out for a Federal city, with such streets, squares, parcels, and lots as the President of the United States for the time being shall approve" (p. 92). Those trustees were required to convey, "for the use of the United States forever," to the commissioners appointed to lay out the District and city all the said streets and such of the said squares, parcels, and lots as the President might deem proper for such use. The interest of the State of Maryland in the site was, by the legis- lature of that State, on December 19, 1791, vested in the same trus- tees, subject to the same terms and conditions as those to which the said proprietors had subjected their land (p. 97). 20 GOVERNMENT OF THE DISTRICT OF COLUMBIA. BOUNDARIES OK THK TRACTS OK THK ORIGINAL PROI'KIKTOKS. The border lines of the lands of the several orig-inal owners of the site of the city of Washington, exclusive of former Georgetown, were laid down on the land, as a preliminar}^ 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 pu])lished by that office for distribution. Mr. King also compiled them into a map aljout 5 feet square, which is called the King map of 1803. These farm lines are marked across the respective squares in the records of the apportion- ment of lots between the original proprietors and the first commis- sioners. These records, with the King maps, are in the custody of the officer in charge of public buildings and grounds. Tn 1884 Mr. John M. Stewart, civil engineer, of the office of the commissioner of public buildings and grounds, published a condensed map showing these lines, which is generally considered an authority in determining who were the original proprietors of the land embraced in lots, and in several cases ha." been so accepted bv the local courts. TTIK DESKiNINc; OK 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 Avhose views had a material influence in the matter. His plan, without sub- stantial alteration, was approved by President Washington in August, 1791. His employment in that capacity was discontinued March 1, 1792. The following reference by President Washington to the subject will be of interest: That many alterations have been made from L'Enfant's plan bj' Major Ellioott, with the approbation of the Executive, is not denied; that some were essential is avowed; and had it not been for the materials which he happened to possess it is probable that no engraving from L'Enfant's drafts ever would have been exhib- ited to the public, for after the disagreement took place between him and tlie com- missioners his obstinancy threw every difficulty in the way of its accomplishment. Andrew Ellicott succeeded Major L'Enfant. He had assisted him in surveying the site, and was directed to ''tinish the laying of the plan on the ground," and to prepare a plan from the materials gathered and from the information obtained by him while assisting L'Enfant in making the surveys. His plan, which was substantiall}'^ that of L'Enfant, was the first plan engraved and published for distribution. Its publication and promulgation were alluded to by President Wash- GOVEENMENT OF THE DISTRICT OF COLUMBIA. 21 ington as "giving- the final and regulating stamp to the city of Washing- ton." The general features of this plan have stood the test of time so well that Congress, by an act approved August 27, 1888 (25 Stats., 451), directed that ' ' no future subdivisions of land in the District of Colum- bia without the limits of the cities of Washington and Georgetown shall be recorded in the surveyor's office of said District unless made in conformit}^ 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; but the Supreme Court of the United States decided that the fee simple therein was vested in the United States. (John P. Van Ness and Marcia, his wife, complainants, appellants, v. The Mayor, Aldermen, and Board of Common Council of the City of Washington and the United States of America, defendants, 4 Peters, 232.) This relates onl}!- to the streets and avenues of the city of Washington as it existed prior to its consolidation with Georgetown. DISTRIBUTION 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 by the trustees, and that the other lots be sold as the President might direct; the proceeds of such sales to be first applied to the payment, in mone}^, to the proprietors for the land set apart for the use of the United States, excepting the streets, at £25, or %QQ'i per acre," and the remainder to providing public buildings as contemplated b}^ sections 3 and 1 of the act of July 16, 1790. While the trustees, by a deed dated November 30, 1796, conveyed to the commissioners appointed to lay out the city such lands as were allotted to the United States, no reconveyance was made by the trustees to the original grantors of the lands to which they were entitled under the trust deeds. The act of the Maryland legislature of December 19, 1791 (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 aoVERNMENT OF THE DISTEICT OF COLUMBIA. to which they were entitled under the provisions in their trust deeds. (See opinion of Attorn(\v-General Gushing, dated August 1, 1855.) The land was divided as follows: Acres. Total number of acres taken for the city fi, 110. 94 Donated to tlic United States for avenues, streets, and alleys '^, 606 Donated to til e Tnited States, 10,13(5 building lots 982 Bought by the United States for ])ul)lic buildings and use 541 Total number of acres taken by the United States 5, 129 10,136 lots given back to former owners 981. 94 A list of the lots so assigned to the original proprietors, with names and dates, is contained in Senate Document No. 18. P'ifty-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 them, to purchasers of lots in the said city, with acknowledgment of the payment of the whole purchase inoney, and interest, if any shall have arisen thereon, and recorded agreeably to the directions of the act concerning the Territory of Columbia and city of Washington, shall be sufhcient and effectual to vest the legal estate in the purchasers, their heirs and assigns, according to the import of such cer- tificates, without any deed or formal conveyance (p. 114). As the 541 acres for public buildings and reservations were reqiured to be paid for out of the first proceeds of the sale of the lots donated to the Government, it will be seen that of the 6,111 acres 5,129, or five-sixths of the whole, were a gift to the Government. Thus the United States not only got without cost the fee simple in the streets and avenues and the sites and grounds for the Capitol and other pub- lic buildings, but received a large amount of moneys from the net pro- ceeds of the sales of the alternate building lots apportioned to it. NAMING THE CITY. The first ofiicial mention of the city by name was in a letter of the original commissioners to Major L' Enfant, dated September 9, 1791, in which they state: "We have agreed that the Federal district shall be called the Territory of Columbia and the Federal city the city of Washington," although they had no statutory authority to name either of them (p. 91). The first reference to it by its present name, in an act of Congress, is in the title of "An act authorizing a loan for the use of the city of Washington, in the District of Columbia, and for other purposes therein mentioned,-' approved May 6, 1796 (1 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 OP^ 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 l)e known as the city of Washington." (16 Stats., 428.) THE FIRST CITY OFFICIALS. The first officials of the Federal city were the President of the United States, the three commissioners appointed by the President under act of July 16, 1790, and, to a limited extent, the officers of the lev}^ court. On July 1, 1802, the office of the three commissioners was abolished by section 1 of "An act to abolish the board of commis- sioners in the city of Washington, and for other purposes," approved May 1, 1802 (2 Stats., 175), which directed the commissioners to deliver all their official records and property relating to said 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, 1816 (3 Stats., 324:), 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 Army 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 city of Washing- ton by an act incorporating them for that purpose. THK FIRST CHARTER OF THE CITY OF WASHINGTON. The first incorporation of the inhabitants of the city of Washington was effected by an act of Congress approved May 3, 1802. (2 Stats., 195.) This charter provided for a ma3'^or appointable by the President of the United States, and a cit}^ council to be elected b}^ the people. This charter was modified by subsequent acts of Congress. The first mayor was appointed in June, 1802, and was reappointed annually and 24 GOVERNMENT OF THE DISTRICT OF COLUMBIA. served until the second Monday in June, 1812. An act of Congress of May 4, 1812 (2 Stats., T21), devolved the duty of electing a mayor, to take office on the second Monday of each subsequent June, upon the city council, which was elected 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 May 15, 1820, the mayor was elected b}'^ the people for terms of two years until May 31, 1871, on which date the charter of the corporation expired pursu- ant to the provisions of an act of Congress approved February 21. 1871, entitled "An act to provide a government for the District of Columbia" (16 Stats., 419), which continued the name of the city of Washington, but only as a local designation. (A list of the principal officials of the city is contained in Senate Document No. 238, Fifty- fifth Congress, second session, by Wilhemus B. Bryan, esq.) NAMING THE STREETS. The commissioners who first named the city also stated in their let- ter of September 9, 1791, informing Major L'Enfant of their action in that respect: We 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 into east and west numbers from the Capitol (p. 95). (See also "Naming the Avenues," p. 25.) WIDTH OF HIGHWAYS. The widths of the streets within the citj^ of Washington, between the building lines, are: North and South Capitol, 130; East Capitol, 160; Boundary, or Florida avenue, 80; Water, 60 and 80; Maine," 85; Missouri," 85. North: ABODE FGHIKLMNOPQRSTUVW 90 90 80 70 90 100 90 90 90 147.890 90 80 90 90 90 90 90 90 90 80 80 South: ABCDEFGHIKLMNOPQR STUVW 90 90 80 90 90 70 100 80 90 80 90 90 90 85 85 85 85 85 85 80 80 40 East: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 80 110 90 90 85 100 85 90 100 90 80 90 112 90 100 90 80 100 80 80 100 80 22 23 24 80 80 80 West: J 1 2 3 a4 "4J 5 6 7 8 9 10 11 12 13 13^ 14 15 16 17 80 90 90 110 80 110 80 100 85 100 85 85 111.5 85 110 70 110 110 160 110 18 19 20 21 22 23 24 25 26 27 28 90 110 90 90 90 100 90 90 80 70 80 o Maine and Missouri streets are commonly called "avenues;" but the act of the corporation of the city of Washington, approved March 23, 1826, by which they were named, designates them as streets. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 25 Outside the city: Not less than 90 feet, except streets existing March 2, 1893 (27 Stat., 532), or streets 00 feet wide, with a building- restriction line to make it 90 feet (31 Stat,, 248). WIDTH OF AVENUES. In THE city: Connecticut, 130; Delaware, 160; Georgia, 160; Indi- ana, 160; Kentuck}^ 120; Louisiana, 160; Maryland, 160; Massachu- setts, 160. (See footnote as to Maine and Missouri avenues, so called.) New York, east of Fifteenth street, 130; New York, west of Seven- teenth street, 160; New Jersej^, 160; North Carolina, 160; New Hamp- shire, 120; Ohio, 160; Pennsylvania, east of Fifteenth street, 160; Penns3^1vania, west of Seventeenth street, 130; Khode Island, 130; South Carolina, 160; Tennessee, 120; Vermont, 130; Virginia, Mall to Eastern Branch, 160; Virginia, B street to Rock Creek, 120. Outside the city: Not more than 160 feet nor less than then ex- isting width in case of avenues existing March 2, 1893 (27 Stat., 532). NAMING THE AVENUES. Neither the acts of Congress nor the records of the commissioners under whose direction and surveillance the city of Washington was established contain authority for nor account of the naming of the avenues in that city, other than the incidental recognition of those on the Dermot map of 1795, which was formally adopted by President Washington in his letter of March 2, 1797, to the trustees appointed to lay out the federal city; but by an act of Congress, approved Feb- ruary 16, 1904 (33 Stats., pt. 1, 14), the Commissioners of the Dis- trict of Columbia are directed to name or rename streets, avenues, alleys, highwaj's, and reservations in that part of the District outside of the city of Washington under such system as they shall see fit. ORIGINAL ALLEYS. President Washington, in his order of October 17, 1791, regulating the manner and materials for building in the city of Washington, states: " The way into the squares being designed in a special manner for the common use or convenience of the occupiers of the respective squares the 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 Fourth street NW. June 6, 1900. (31 Stats., 668.) The name of that portion of Fourth street NW., formerly a part of Four-and-a-half street, extending from D street to Pennsylvania avenue, was changed to John Marshall place March 1, 1901. (31 Stats., 828.) This street is therefore John Marshall place from North D street to Pennsylvania avenue; Fourth street from that avenue to the middle of the Mall, and Four-and-a-half street thence south. 26 GOVERNMENT OF THE DISTRICT OF COLUMEIA. (JEORGETOWN, The part of Wa.shino-ton which was lormerly Georj>etown was laid out pursuant to an act of the province of Maryland dated Juno 8, 1751 (p. 128), passed in response to a petition of several inhabitants of Fred- erick County, in said State. This act appointed seven connnissioners to purchase 60 acres belonging to Messrs. George Gordon and George Beall, on the Potomac River, '"above the mouth of Rock Creek, adjacent to the inspection house in the county aforesaid,'' and to cause the said 60 acres to be "surveyed, divided, and laid out, as near as conveniently may be, into 80 equal lots, allowing- sufficient space or quantity thereof for streets, lanes, and alleys. The act then adds that upon the com- pletion of said proceedings the locality is "erected into a town, and shall be called by the name of Georgetown."' It was never incorpo- rated as a city, but was commonly called the city of Georgetown as a consequence of the casual reference to it by that title in numerous acts of Congress; unless a purpose to create it a cit}^ may be inferred from the clause in the act of Congress of February 21, 1871, which directs that " that portion of said District included within the limits of the city of Georgetown shall continvie to ])e known as the city of George- town." (16 Stats., 128.) The boundaries and jurisdiction of Georgetown were extended and detined by the following enactments of Maryland and Congress: Acts of Maryland passed December 26, 1783 (p. ISi); January 22, 1785 (p. 134); and December 25, 1789 (p. 136); and acts of Congress approved March 3, 1805 (2 Stats., 335); March 3, 1809 (ib., 537); June 4, 1813 (3 Stats., 1); January 14, 1823 (6 Stats., ^80); March 3, 1826 (4 Stats., 140); May 25, 1832 (ib., 518); July 4, 1836 (6 Stats., 683); July 27. 1842 (5 Stats., 497); February 27, 1845 (6 Stats.. 927). Under the statute of March 3, 1805, the "Fen wick map" adopted by the act of March 3, 1809, was prepared. The extension of March 3, 1826, was made to include the residence of John Cox to enable him to retain his residence and be eligible to hold the office of mayor. The general supposition is that the town was named in honor of George II, then th(^ reigning soverviis iir.st e.stablished the local public affairs of that portion of its territor}^ located in Marj'land were admin- istered by two bodies, which had jurisdiction over the portions dcri\od from Prince George County and from Montoomery County, respec- tively, and were composed of justices of the peace, who were commis- sioned ])}' the governor and council of that State as "justices of the lev}^ court." The jurisdiction for the same purposes in the portion derived from Virginia at that time reposed in the county courts of that State. No subsequent legislation seems to have been enacted by Congress relative to the jurisdiction of the iQxy court of the county of Alex- andria except as such jurisdiction was affected by the act receding that county to Virginia, hereinafter mentioned. By section 11 of an act of Congress approved February 27, 1801 {2 Stats., 107), the President of the United States was directed to appoint, in and for each of said counties, an indelinite number of justices of the peace, to continue in office for five years. Section -1 of an act approved March 3, 1801 (ib., 115), constituted these magistrates a "board of commissioners," with the same powers and duties as those then performed by the lev3'^ courts of Maryland. Under the above-mentioned and subsequent laws of Congress the levy courts administrated the local government affairs of that part of the District of Columbia situated outside of the city of AVashington and of Georgetown. The membership of the court for that ])art of the District derived from Maryland was fixed at seven by the act of July 1. 1812 (2 Stats., 773), to be annually designated by the President of the United States from among the existing magistrates of the county; two from east of Rock Creek, outside of the city of Washington; two from west of Rock Creek and outside of Georgetown, and three from Georgetown. The cit}^ of Washington, although not represented in the court, was required b}^ section 11 of the same act to bear and defray equal!}'' with the other parts of the county the genei'al count}^ expenses and charges, other than for the expenses of i\u\ roads and bridges outside of the limits of Washington and Georgetown; but by section 1«> of the act of :\Iay 17. 1S48 (0 Stats.. 230), the President was directed to appoint ionr members froui the 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 tlie membership of the court should be selected from among- the justices of the peace for the county of Wash- ington was repealed May 3, 1862, bj^ an act of that date (12 Stats., 384, sec. 8). By an act approved March 3, 1863 (12 Stats., 799), the membership of the court was reduced to nine persons, without respect to their occupations, to be appointed by the President and confirmed by the Senate, in such manner that the terms of one-third of the members should expire annuall3^ Its jurisdiction and functions were specific- ally prescribed b}' that act and remained substantiall}^ 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, Georgetown, and the levy court of the county of Washington, established in their stead a single municipal government named the District of Columbia, All valid laws and ordinances then existing in the District were, by said act, continued in force. The new municipality consisted of a governor, a board of public works composed of the governor and four other per- sons, a secretary, a board of health, a legislative assembly consisting" of a council of 11 members and a house of delegates consisting of 22 members, and a Delegate in the House of Representatives of the United States. The g-overnor, the board of public works, the secretary, the board of health, and the council were appointed by the President of the United States, b}' and with the consent of the Senate. The members of the house of delegates and the Delegate in the House of Repre- sentatives were elected by the qualified voters of the District of Colum- bia. The official term of the governor, members of the board of public works, the secretary, and the members of the board of health was four years; the term of the members of the council and the Dele- gate to Congress two years, and the term of the members of the house of delegates one year. SECOND MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA. On June 20, 1874, by an act of Congress of that date (18 Stats., 116), the form of government established by the act of February 21, 1871, was abolished, and the executive municipal author it}^ in the District temporarily vested in three Commissioners appointed by the President 30 GOVERNMENT OF THE DISTRICT OF COLUMBTA. of the United States and confirmed by the Senate, who succeeded in general to the powers and dutfos of the g-ovcrnor and the board of public works, and were assisted b}^ an oflicor of the Engineer Corps of the United States Armj^ detailed for that purpose under the require- ments of the first-named act. This temporary form of government existed until July 1, 1878, when, pursuant to an act of Congress of June 11, 1878 (20 Stats., 102), it was succeeded by the present form, for which see pages 141, et sequentes. 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 Tuesda}^, February 27, 1777, when it adjourned to meet at Philadelphia on Wednesday, the 4th of March, when it met and adjourned from day to da}^ until the 12th of that month. On Sunday, September 14, 1777, it was — Resolved, That if Congress shall be obliged to remove from I'hiladelphia, 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 Juh. 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 COLUMBIA. 31 On the 21st of June, 1783, it was resolved by Congress — That the President and supreme executive council of Pennsylvania be informed that the authority of the United States having been this day grossly insulted by the disorderly and menacing appearance of a body of armed soldiers about the place within which Congress were assembled, and the peace of this city being endangered by the mutinous disposition of the said troops now in the barracks, it is, in the opinion of Congress, necessary that effectual measures be immediately taken for supporting the public authority. Resolved, That the committee, on a letter from Colonel Butler, be directed to con- fer, without loss of time, with the supreme executive council of Pennsylvania, on the practicability of carrying the preceding resolution into effect; and that in case it shall appear to the committee that there is not a satisfactory ground for expecting adequate and prompt exertions of this State for supporting the dignity of the Federal Government, the President on the advice of the committee be authorized and directed to summon the members of Congress to meet on Thursday next at Trenton or Princeton, in New Jersey, in 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 simimons of the President. Tuesday^ July 1, 1783. — On the report of a committee consisting of Mr. Hamilton, Mr. Ellsworth, and Mr. Bland, to whom was referred a motion of Mr. Hamilton — Resolved, That Major-General Howe be directed to march such part of the force under his command, as he shall judge necessary to the State of Pennsylvania, in order that immediate measures may be taken to confine and bring to trial all such persons belonging to the army as have been principally active in the late mutiny, to disarm the remainder, and to examine fully into all the circumstances relating thereto. That in the execution of the foregoing resolution, if any matters shall arise which may concern the civil jurisdiction, or in which its aid may be necessary, application be made for the same to the executive authority of the State. That the executive of Pennsylvania be informed of the foregoing resolutions, and requested to afford their assistance whensoever the same shall be required. The committee, consisting of Mr. Hamilton, Mr. Ellsworth, and Mr. Peters, to whom were referred a letter of the 17th of June, from Col. R. Butler, at Lancaster, and sundry papers communicated to Congress by the executive council of Pennsylvania, through their delegates, having on the 19th of June made a verbal report, and on the 20th of the same month, a report in writing, and the written report being on the 30th recommitted that they might amend it by adding thereto their verbal report, and the report being this day brought in with the amendment: Ordered., That it be entered on the journal. 7-1986—09 3 32 GOVERNMENT OF THE DISTRICT OF COLUMBEA. The report is as follows: The committee to whom were referred the letters and papers communicated to Congress by the executive council of Pennsylvania, through their delegates, report: That they had a conference yesterday, as directed, with tTie supreme executive council, in which, in the first instance, the propriety of calling out a detachment of militia to intercept the mutineers on their march from. Lancaster, was proposed to the council, suggesting the danger of their being suffered with impunity to join the troops in the barracks, who a few days before had manifested a dangerous spirit by an insolent and threatening message sent to Congress in the name of a board of ser- geants, and who, it was ai)prehended, would be ready to make common cause with those on their march for mutinous purposes. That the council having shown a reluctance to call out any part of the militia, expressing an opinion that they would not be willing to act, till some outrage should have been committed by the troops; there appeared to the committee no alternative but to endeavor to dissuade the mutineers from coming to town, and if they failed in that attempt, to make use of expedients to prevent the troops in the barracks from joining in any excesses, and to induce the detachment from Lancaster to return to that place. That in this view, and that at their desire, the assistant secretary at war met the detachment then on its march to the city, and endeavored to engage them to return to the former place, urging the considerations contained in the annexed instructions to him, but the said detachment persisted in their intention of coming to this city, and arrived here this morning. That upon conferring with the superintendent of finance, they find there is a probability that the paymaster- general, to whom the settlement of the accounts of the Army has been committed, and who, having all the documents in his possession, can alone execute the business with propriety, will shortly arrive from the Army, and will immediately enter upon a settlement with the troops in this State; that in the meantime measures will be taken to prepare the business for a final adjustment. That there will immediately be sent to Lancaster a sum of money to be paid to the troops on account of the month's pay heretofore directed to be advanced to them, the payment of which has hitherto been delayed by particular circumstances^ together with notes for three months' pay, intended to be advanced to the men when furloughed. That they have desired this information to be transmitted to the com- manding officer here, and at Lancaster, with this declaration, that the corps sta- tioned at Lancaster, including the detachment, (tan only be settled with or paid at that place. THE INSTRUCTIONS TO MAJOR .7ACKS0N. 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 pro(!eed to meet them, and to endeavor by every prudent method to engage them to return to the post they have left. You will inform them of the orders that have been given, per- 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 oflBcers, whom they have left behind them at Lancaster. You will represent to them with coolness but energy the impropriety of such irregular proceedings, and the danger they will run by persisting in an improper conduct. You will assure them of the best intentions in Congress to do them justice, and of the absurdity of their expecting to procure it more effectually by intemperate proceedings. You will point out to them the tendency which such proceedings may have to raise the resentments of their country, and to indispose it to take effectual measures for their relief. In short, you will GOVERNMENT OF THE DISTEICT OF COLUMBIA. 38 urge every consideration in your power to induce them to return, at the same time avoiding whatever may tend to irritate. If they persist in coming to town, you will give the earliest notice to us of their progress and disposition. Should they want provisions, you will assure them of a supply if they will remain where they are, which you are to endeavor to persuade them to do in preference to coming to town. I am, sir, your most obedient servant, A. Hamilton, In behalf of the Committee Major Jackson, Assistant Secretary at War. Philadelphia, June 19, 1783. The committee, consisting of Mr. Hamilton and Mr. Ellswortti, appointed on the 21st June to confer with the supreme executive council of Pennsylvania, on the practicability of taking- effectual meas- ures to support the public authority, having- delivered in a report: Ordered, That it be entered on the journal. The report is as follows: The committee appointed to confer with the supreme executive council of Penn- sylvania, on the practicability of taking effectual measures to support the public authority, in consequence of the disorderly and menacing appearance of a body of armed soldiers surrounding the place where Congress were assembled, on Saturday, the 21st instant, beg leave to report: That they had a conference the morning following with the supreme executive council, agreeably to the intention of Congress, and having communicated their res- olution on that subject, informed the council that Congress considered the proceed- ing on which that resolution was founded, of so serious a nature, as to render palli- atives improper, and to require that vigorous measures should be taken to put a stop to the further progress of the evil, and to compel submission on the part of the offenders. That in this view they had thought it expedient to declare to the execu- tive of the State in which they reside, the necessity of taking effectual measures for supporting the public authority. That though they had declined a specification of the measures which they would deem effectual, it was their sense that a number of the militia would be immediately called out, sufficient to suppress the i-evolt. That Congress, unwilling to expose the United States to a repetition of the insult, had suspended their ordinary deliberations in this city, till proper steps could be taken to provide against the possibility of it. The council, after some conversation, informed the committee, that they would wish, previous to a determination, to ascertain the state and disposition of the militia, and to consult the officers for that purpose. The day following the committee waited upon the council for their final resolu- tion, having previously presented a letter addressed to his excellency the President, of which a copy is annexed, requesting the determination of the council in writing. Thecoimcil 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 of the United States, and were disposed to do everything in their power to support its dignity. That they regretted the insult which had happened, with this additional motive of sensibility, that they had themselves had a principal share in it. That 34 GOVERNMENT OF THE DISTRICT OF COLUMBIA. they iiad consulted a nuiiiber of well-informed officers of the militia, and found that nothing in the present state of things was to be expected from that quarter. That the militia of the city in general were not only ill provided for service, but disinclined to act upon the present occasion. That the council did not believe any exertions were to be looked for from them, except in case of further outrage and actual vio- lence to person or property. That in such case a respectable body of citizens would arm for the security of their property and of the public peace; but it was to be doubted what measure of outrage would produce this effect, and in particular, it was not to be expected merely from a repetition of the insult which had hai)j)ened. The council observed that they thought it their duty to comnnmicate their expec- tations with candor, and jjassed from the subject of the i)racticability of vigorous measures to tlie policy of them. They stated, that (.ieneral f^t. Clair, with the appro- bation of several members of Congress and of council, had, by a dei-laration in writing, permitted the mutineers to choose a committee of commissioned officers to represent their grievances to council, and had authorized them to expect that a con- ference would be allowed for that purpose. That it was said the mutineers began to be convinced of their error and were preparing submissions. That from the steps which had been taken the business seemed to be in a train of negotiation, and that it merited consideration, how far it would be prudent to terminate the matter in that way rather than employ coercive means. The committee remarked, with respect to the scruple about giving an answei- in writing, that they could not forbear differing in opinion as to its propriety. That nothing was more common than written communications between ei;ecutives of the different States and the civil and military officers acting under the authority of the United States; that for a much stronger reason there was a propriety in this mode of transacting business between the council and a committee of the body of Con- gress. That, indeed, it would be conformable to the most obvious and customary rules of proceeding, and that the importance of the present occasion made it desira- ble to give every transaction the greatest precision. With respect to the jiracticability of employing the militia, the committee observed that this was a point of which the council was alone competent to judge. That the duty of the committee was performed in explicitly signifying the expectations of Congress. And with respect to the policy of coercion the committee remarked that the measures taken by Congress clearly indicated their opinion, that the excesses of the mutineers had passed the bounds within which a spirit of compromise miglit consist with the dignity and even the safety of government. That impunity for what had liapi)ened might encourage to more flagrant proceedings, invite others to follow the example, and extend the mischief. That the ])assiveness of conduct observed toward the detachment which had mutinied at Lancaster, and come to the city in defiance of their officers, had, no doubt, led to the subsequent violences. That these consid- erations had determined Congress to adopt decisive measures. That besides the application to the State in which they reside, for its immediate support, they had not neglected other means of ultimately executing their purpose, but had directed the commander in chief to march a detachment of troops towards the city. That whatever moderation it might be ])rudent to exercise toward the mutineers when they were once in the power of government, it was necessary, in the iirst instance, to place them in that situation. That Congress would i)robably continue to i)ursue this object unless it should be superseded by imequivoeal demonstrations of sub- mission on the part of the mutineers. That they had hitherto given no satisfactory evidence of this disposition, having lately presented the officers they had chosen to represent their grievances with a formal commission in writing, enjoining them, if necessary, to use compulsory means for redress, and menacing them with death in ease of their failing to execute their views. GOVEENMENT OB" THE DISTRICT OF COLUMBIA. 35 (Jnder this state of things the committee could not forbear suggesting to the council that it would be expedient for them so to qualify the reception which they should think proper to give to any propositions made by the mutineers as not to create embarrassment, should Congress continue to act on the principle of coercion. The committee, finding that there was no satisfactory ground to expect prompt and adequate exertions on the part of the executive of this State for supporting the public authority, were bound by the resolution under which they acted to advise the President to summon Congress to assemble at Princeton or Trenton on Thursday, the 26th instant. Willing, however, to protract the departure of Congress as long as they could be justified in 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 the day following that on which the answer of the council was given. But having then received no further communications from the council, and having learnt from General St. Clair that the submissions proposed to be offered by the mutineers, through the officers they had chosen to represent them; were not of a nature sufficiently explicit to be accepted or relied on. That they would be accompanied by new demands to which it would be improper to listen; that the officers themselves composing the committee had shown a mysterious reluctance to inform General St. Clair of their proceedings — had refused, in the first instance, to do it, and had afterwards only yielded to a peremptory demand on his part. The committee could no longer think themselves at liberty to delay their advice for an adjournment, which they this day accordingly gave, persuaded at the same time that it was necessary to impress the mutineers with a conviction that extremities would be used against them before they would be induced to resolve on a final and unreserved submission. Philadelphia, June 24th, 1783. The letter to his excellenc}^ the president of the supreme executive council of Pennsylvania: Sir: We have the honor to enclose for your excellency and the council a copy of the resolutions communicated in our conference yesterday. Having then fully entered into all the explanations which were necessary on the subject, we shall not trouble your excellency with a recapitulation; but as the object is of a delicate and important nature, we think it our duty to request the determination of the council in writing. We have the honor to be, with perfect respect, your excellency's most obedient servants. Philadelphia, June 23, 1783. Wednesday^ July ^, 1783. — A letter of the iittth of June, from his excellency W. Livingston, governor of the State of New Jersey, was read, whereupon it was — Resolved, That the president inform his excellency, the governor of New Jersey, that Congress entertain a high sense of the spirit and attachment of the citizens of New Jersey to the Federal Union, and of the sentiments expressed by his excel- lency; and are happy that events have rendered the call of the citizens into service unnecessary. An address of the governors and masters of the college was read, offering to Congress the use of the hall, library room, and every other 36 aOVEKNMENT OK THE DISTRICT OF COLUMBIA. convenience that the college in its present situation can afford; where- upon it was — Resolved, That the Tresident inform the governors and masters of the college that Congress entertain a proper sense of their ol)liging offer, and accept tlie u.se of such parts of the college as are immediately necessary for their sessions, and for the officers attending them during their stay at Princeton. Resolutions were also passed 1)}' the inhabitants of Trenton, Prince- ton, and Newark, and their \'icinitie.s, to support order and oood government, whioli received tlie approbation of Congress. Monday, July 28, 1783. — An address from the citizens of Philadel- phia, and the liberties thereof, having been received and read it was — Resolved, That the President inform the citizens of Philadelphia, and its liberties, in answer to their respectful and affectionate address, that the United States, in Congress assembled, have great satisfaction in reviewing the spirited and patriotic exertions which have been made by the government and citizens of Pennsylvania, in the course of the late glorious war; and that they are highly pleased with the reso- lution, expressed by the citizens of Philadelphia, to aid in all measures which may have a tendency to support the national honor and dignity. Friday, Auguxf /, 178S. — A motion was made by Mr. Read, of South Carolina: That on the eighth of August instant, the President shall adjourn Congress to meet at Philadelphia on the twelfth of August instant, there to continue until the last Monday in October next, at which time the President shall adjourn Congress to meet at Annapolis on the Friday following, unless Congress shall, before that time, have determined otherwise. And upon the question whether the words which follow "twelfth" shall stand, one State voted in the affirmative, three in the negative, four were divided, and five were not represented; so that the words of limitation were stricken out, and the further consideration of the question postponed to the 6th. Wednesday, Augusf 13, 1783. — Agreeable to the order of the day. Congress took into consideration a motion made by Mr. Howell, of Rhode Island, seconded b}^ Mr. Blaind, of Virginia, in words following: Resolved, That on the 15th instant, the President adjourn Congress to meet at Philadelphia on the 21st instant. A motion was made by 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: Wheseas 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, Resolved, 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 manner adjourn Congress, to meet on the Monday following, at Annapolis, in the State of Maryland, unless Congress shall in the meantime order otherwise. On the question of postponing, the States voting in the affirmative were Pennsylvania, Maryland, and South Carolina; the negative were Massachusetts, Rhode 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 declare in the most respectful terms to Congress that their return to Philadelphia is sincerely desired by the 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 day 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 Pennsylvania and Maryland; 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. Monday, Septefinher i, 1783. — The delegates for the State of Penn- sylvania laid before Congress sundry 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 assembly, Friday, August 29, 1783, a. m. The report of the committee apjaointed to consider of the most eligible means for the accommodation of Congress, should that honorable body determine to reside within this State, read 27th instant, was read the second time: Whereupon, Resolved nnanimously, That until Congress shall determine upon the place of their permanent residence it would be highly agreeable to this house if that honorable body should deem it expedient to return to and continue in the city of Philadelphia; in which case they offer to Congress the different apartments in the statehouse 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 those com- posing the Supreme Council of the nation assembled in this city. Resolved unanimously. That as this house is sincerely disposed to render the per- manent residence of Congress in this State, commodious and 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 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. Friday^ September 5, 178S. — On motion of Mr, McHenry, of Mary- land, seconded by Mr. Lee, of Virginia — Resolved, That Friday next be assigned to decide on the place proper tor a tempo- rary residence of Congress. (It does not appear that Congress met on Friday, the 12th of Sep- tember, 1783.) Monday^ September :2^2^ i7<*?^.— Congress took into consideration the report of a committee, consisting of Mr. Duane, of New York; Mr. Read, of South Carolina; Mr. McHenry, of Maryland; Mr. Hunting- ton, of Connecticut; Mr. Peters, of Virginia; Mr. Wilson, of Penn- sylvania, and Mr. Madison, of Virginia, appointed to consider what jurisdiction may 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. ResoJred, That on Thursday next Congress be resolved into a c;ommittee of the whole to take into consideration the above report. Thursday^ September 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 ijormanent 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, but, not haA^ ing come to a conclusion, desire leave to sit again to-morrow. Ordered, That leave be granted. (It does not appear from the Journal that thi.s committee of the whole ever sat again.) Monday., October tf, 1783. — The order of the day being 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 Congress 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 day. This motion was lost; Massachu.setts, 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 — GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 39 Resolved, That the question be taken, in which State buildings shall be provided and erected for the residence of Congress; beginning with New Hampshire, and pro- ceeding in the order in which they stand. The question upon each State was passed in the negative, no State having received more than 4 votes, and New Jersey and Maryland haAang each received that number. Resolved, That the fixing on a place for providing and erecting buildings for the residence of Congress be an order of the day for to-morrow. Tuesday, October 7, 1783. — The order of the da}' being called for, a motion was made by Mr. Gerry, 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, 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 inay direct shall be vested in the United States. A motion by Mr. Duane, seconded by Mr. Holton. 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 nays, 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 oi- 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- sj'^lvania, and Delaware; those voting in the negative were Maryland, Virginia, North Carolina, and South Carolina; not represented, New Hampshire and Georgia. A motion, made b}' 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 for carrying into effect the preceding resolution. The members, Mr. Gerry, Mr. S. Huntington, Mr. Peters, Mr. Duane, Mr. Clarke. 40 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Resolved, That it be the order of the day for to-morrow to consider of the tempo- rary residence of Congress. Wednesday, October 5, 1783. — A motion was made by Mr. William- son, of North Carolina, seconded bv^ Mr. Read, of South Carolina^ — To consider the resolution of yesterday, by which the residence of Congress is to be fixed near the falls of the Delaware, in order to fix on some other place that shall be more central, more favorable to the Union, and shall approach nearer to that justice which is due to the Southern States. This motion was negatived; Delaware, Maryland, Virginia, North Carolina, and South Carolina voted in the affirmative; but, as it required 7 votes to carry a question affirmatively, the motion was lost, although there were only 6 negative votes. New Hampshire and Georgia were not represented. Friday.^ Octoher 10., 1783. — The order of the day being called for, it was — Resolved, That for the more convenient transaction of the business of the United States and accommodation of Congress, it is expedient for them to adjourn from their present residence. New York and all the States south of New York voted in the affirma- tive, except Georgia, which was not represented. A motion was then made by Mr. Williamson, of North Carolina, seconded by Mr. Peters, of Pennsylvania — That on the last Thursday of this month the President adjourn Congress, to meet at Philadelphia on the next Saturday, there to sit, for the dispatch of public business, till the first Monday in June next, at which time the President is hereby empowered and directed to adjourn Congress, to meet at Trenton on the Wednesday following. Mr. Duane moved to strike out "Philadelphia" and insert in its place "Trenton," and to strike out all the words after "business." This amendment was rejected, Massachusetts, Rhode Island, Connecti- cut, New York, and New Jersey voting in the affirmative. Mr. Williamson's motion was then rejected. New York, Penns}^- vania, Delaware, Virginia, and North Carolina having voted in the affirmative. Saturday., Octoher 11, 1783. — The order of the day ])eing called for, a motion was made by Mr. Ellery. of Rhode Island, seconded b}' Mr. Holten, of Massachusetts — That the President of Congress be, and he is hereby, authorized and directed to adjourn Congress on the 22d, to meet at Annapolis, in the State of Maryland, on the 31st of October instant, there to sit for the dispatch of public business till the first Monday in June next, at which time the President is hereby empowered and directed to adjourn Congress to meet at Trenton on the Wednesday following. This motion having been amended by striking out the words "there to sit," etc., and all the following words to the end, and b}'^ inserting the words "for the place of their temporarj^ residence," was lost: Massachusetts, Rhode Island, Connecticut, Delaware, Maryland, and GOVERNMENT OF THE DISTRICT OF COLUMBIA. 41 !North Carolina voting in the affirmative; South Carolina was divided, and New Hampshire and Georgia were not represented. Monday^ October IS, 1783. — The order of the day being called for, a motion was made b>^ 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 by Mr. Ellery, to strike out the words "there to sit for the dispatch of public business," and in lieu thereof insert "for the place of their temporar}^ residence." This amendment was not carried. Massachu- setts, Rhode Island, New York, New Jersey, Pennsylvania, and Mary- land voted in the affirmative; Connecticut and North Carolina were divided; New Hampshire, Delaware, South Carolina, and Georgia were not represented; Virginia voted in the negative. The motion of Mr. Mercer was lost, Virginia alone voting in the affirmative. Friday., October 17., 1783. — A motion was made by Mr. Gerry, of Massachusetts, seconded by Mr. Lee, of Virginia, in the words fol- lowing: Whereas the resolutions of Congress, of the 7th instant, to erect buildings for their use at ♦jr near the falls of the Delaware, are not satisfactory to a respectable part of the 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 every reason to expect that the providing buildings for the alternate residence of Congress in two places will be productive of the most salutary effects, by securing the mutual confidence and affec- tions of 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 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, shall be vested in the United States. Whereupon a motion was made by 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 Massachusetts, 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 upon a motion immediately taken up without pre- 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., October 18., 1783. — A motion was made by Mr. McHenry, of Maryland, seconded by Mr. Mercer, of Virginia, to reconsider the 42 GOVERNMENT OF THE DISTRICT OF COLUMBIA. resolution ""that the consideration of the motion made b}' Mr. Gerry ))e postponed till Wednesda}'." When the question was a})out to be put, the determination thereof was postponed by the State of New Jersey. Monday^ Octoher '20. 17SS. — On the question to reconsider the reso- lution postponing- the consideration of Mr. (jerry's motion to Wednes- day next, it was resolved in the affirmative, New York alone voting- in the negative, and New Hampshire, New eFerspy. IVniisylvania. Delaware, and Georgia not being represented. On the motion that the consideration of Mr. Gerry's motion be postponed to Wednesday next, the question was lost. Mr. Gerry's motion then being taken into consideration, lu^ moved to amend it by adding thereto — and that until the buildings to be erected on the banks of the Delaware ana Poto- mac shall be prepared for the reception of Congress, their residence shall be alter- nately at equal periods of not more than one year and not less than six months in Trenton and Annapolis; and the President is hereby authorized and directed to adjourn Congress on the 10th of November next, to meet at Annapolis on the 25th day of the same month for the dispatch of public 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 lost, six States only voting in its favor, viz, Massachusetts, Connecticut, Marj^- 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 da}" and lost — was in substance renewed b}^ Mr. P^llery, 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 Avhole resolution of Mr. Gerr}" was then adopted by the same votes, viz, Massachusetts, Rhode Island, Connecticut, Marj'^land, 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 that the providing buildings for the alternate residence of Congress in two places, will be productive of the most salutary effects, by securing 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 (reorgetown; 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, shall be vested in the United States; and that until the buildings to be erected on the banks of the Delaw'are and Potomac shall be preparelished as the permanent seat of the Government of the United States. Saturday, Septemher 5, 1789. — The committee of the whole reported Ml". Scott's, Mr. Goodhue's, and Mr. Fitzsimons's resolutions, filling the blank in the latter with $100,000, to ))e repaid in twenty ja-ars, at 5 per cent interest. The House took up the report, and agreed to Mr. Scott's resolution, as follows: Resolved, That the permanent seat of the Government of the United States ought to be fixed at some convenient place as near the center of wealth, population, and extent of territory, as may be consistent with convenience to the navigation of the Atlantic Ocean, and ha\'ing due regard to the situation of the western country. On September 7, 1789, Mr. Lee moved to amend ]Mr. Goodhue's res- olution by substituting the '"north bank of the river Potomac in the State of Maryland," for "the east bank of the river Susquehanna in the State of Pennsylvania;" which amendment was rejected; a3'es, 21; noes, 29; two members from Mar^dand, viz, Mr. Seney and Mr, Wm. Smith, voting in the negative. A motion was then made by Mr. Vining, of Delaware, to amend the resolution of Mr. Goodhue 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 lieu thereof, "the borough of Wil- mington in the State of Delaware." This 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 ''Potomac, Susquehanna, or Delaware." This motion was lost; ayes, 23; noes, 28. A motion was then made by Mr. Boudinot to strike out " east ))ank of the river Susquehanna," etc.. and insert "banks of either side of the Delaware, not more than eight miles above or below the lower falls of Delaware." Rejected; a3^es-l; noes, 46. Mr. Boudinot then moved to strike out "east hanks." and insert ""banks." Carried; ayes, 26; noes, 25. Mr. Lee then moved to insert " or Maryland" after the words " Sus- quehanna in the State of Penns3'lvania." Rejected; ayes, 25; noes, 26. Mr. Yining then moved to substitute Wilmington in Delaware for New York, as the temporary residence of Congress. Rejected; ayes, 21; noes, 30. Mr. Parker, of Virginia, then moved to insert Philadelphia in place of New York. Rejected; a3'es, 22; noes, 29. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 61 The resolution of Mr. Goodhue was then passed, as follows: Resolved, That the permanent seat of the Government of the United States ought to be at some convenient jjlace on the banks of the river Susquehanna, in the State of Pennsylvania, and that until the necessary buildings be erected for the purpose the seat of Government ought to continue in the city of New York. Mr. Fitzsinions's resolution being under debate, a motion was made by Mr. Gale, of Maryland, to add, after the word ''aforesaid," the following: Proinded, nevertheless, That previous to any such purchase or erection of 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 the seat of the Federal Government and the mouth thereof, as may be satisfactory to the President of the United States. This amendment was rejected; ayes, 24; noes, 25. The resolution of Mr. Fitzsimons was then passed; Siyes, 28; noes, 21; the blank for the time of erecting the buildings being filled with "four 3^ears;" and it was ordered that a bill, or bills, be brought in pursuant to those resolutions. The committee to prc^pare them con- sisted of Mr. Ames, Mr. Lawrence, and Mr. Clymer. Tuesday^ September 8, 1789. — A petition was presented of sundry inhabitants of Georgetown, in the State of Maryland, containing an ofier to put themselves and fortunes under the exclusive jurisdiction of Congress, in case that town should be selected as the permanent seat of the Government of the United States. Ordered to lie on the table. Monday^ Septemher IJf,., 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 equal policy of that day's proceedings have been fore- seen in the convention of Virginia, it would have obviated many objections that were there produced against the 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 that had a prophet started up in that convention and foretold the proceedings of this day, Virginia would not now be a party to this Constitution. Mr. Burke said that a league was formed between the Northern States and Pennsylvania. This was denied by Mr. Fitzsimons. Mr. Scott, of Pennsylvania, observed 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 the western territory; he considered Pittsburg as the 62 GOVERNMENT OF THE DISTRICT OF COLUMBIA. key of that territory. The result of his detail was clearh in favor of the Potomac. That there is no comparison between the advantages of one communication and the other, with respect to the Ohio country. The Potomac will, no doubt, on(i day be a very important channel into those regions. That though ho 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 decision in favor of the former he should give his vote for the Susquehanna. In this situation, as he was a native of Pennsylvania, there was a certain duty vrhich he owed to his country, and which he should now perform. Mr. Madison, in debate (on the 4th of September), observed — 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 found there. It may go beyond the Potomac; but the time will be long first; and, if it should, the Potomac is the great highway of communication between the Atlantic and the Western country, which will justly prevent any attempts 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 subject could have been more fully ascertained and more fully stated. But if we consider the facts which have been offered by gentlemen who spoke, we must conclude that the communication through the Potomac would be much more facile and effectual than any other. Mr. Madison stated the probable distance by land from the seat of Government, if fixed on the Potomac, to Pittsburg, at ITO or 180 miles; if by the river, 250 miles; and from the seat of Government, if fixed on the Susquehanna, by land, 250; by 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 i^rogress in opening 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 Ohio may be found not more than 2 or 3 miles distant from those of the Potomac. This is a fact of j)eculiar importance. Tuesday^ iSeptemher 15^ 1789. — The bill to 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. Thursday^ September 17., 1789. — In Committee of the Whole upon the bill, Mr. Vining moved to strike out the first paragraph, and to in.se rt one to the following effect: That a district of ten miles square, comprehending the borough of AVilmington, in the State of Delaware, to be located as hereafter directed, should be selected a.^ the seat of Government of the United States until a more eligil)le i)lace should be fixed upon for the permanent seat; and that measures should ])e taken to accominodate Congress witli that district as soon as conveniently might be: Provided, That no ces- sion be accepted till acts should be passed by the States of Maryland and Pennsyl- vania to open a water communication between the bays of Chesapeake and Delaware. This motion was negatived; ayes, 23; noes, 28. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 63 Mr, Gale then moved to amend the lirst clause of the bill by annex- ing- the following' pro\d.so: That no district be accepted as aforesaid until the President of the United States shall be satisfied of the practicability of effecting a navigation from the seat of Gov- ernment to the mouth of said river; and that this law shall not be carried into effect until the States of Pennsylvania and Maryland shall pass acts (not including any expense to the said States) providing for removing the obstructions of the same. A division of the motion was called for at the word "river;'' and the question on the first part was negatived; aves, 25; noes, 29. The question on the second part was then put, and the committee was equally divided; a^^es, 27; noes, 27. The chairman gave the cast- ing vote in the affirmative. The committee then rose and reported, and the House took up the report. The amendment adopted by the committee, on the motion of Mr. Gale, was agreed to; aves, 28; noes, 26. Mr. Gale then moved to insert, after the words "Susquehanna, in the State of Pennsylvania," the words "or Maryland." This motion was negatived by the casting vote of the Speaker. The bill was then laid on the table. Monday, Se-ptemher 21, 1789. — The House proceeded to consider the bill to establish the seat of the Government of the United States, which la}^ on the table with amendments reported by the Committee of the Whole House. Mr. Madison moved to strike out that part of the bill which pro- vided that New York should be the temporar}- residence, as being con- trary to the Constitution, which gives the power to the two Houses to adjourn without the consent of the President, and before they could adjourn to any place but New York this bill, if it passes, must be repealed, which can not be done without his consent. Mr. Lawrence and Mr. Ames replied that the same objection would appl}" to the fixing of the permanent residence. Mr. Madison's motion to strike out was negatived without a division. Mr. Madison then moved to strike out the word " permanent," as it was unnecessary and not a term used in the Constitution. This motion was also negatived without a division. The bill with amendments was then ordered to be engrossed for a third reading on the next day, when it was passed — ayes, 31; noes, 16, viz: Ayes: Ames, Baldwin, Benson, Cl3mier, Contee, Fitzsimons, Flo5^d, Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn, Jackson, Lawrence, Leonard, Livermore, Muhlenburg, Patridge, Van Rensse- laer, Scott, Seney, Sherman, Sylvester, William Smith (of Maryland), Stone, Thatcher, Trum])ull, Wadsworth, and Wynkoop — 31. Noes: Bland, Boudinot, Burke, Cadwalader,, Coles, Lee, Madison, 74986—09 5 64 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Mathews, Moore, Parker, Shureman, William Smith (of South Caro- lina), Sumpter, Tucker, Vining, and White — 16. Saturday. Septeinhr 26^ 1789. — The bill was returned from the Sen- ate with an amendment striking out all that part respecting the Susque- hanna, and inserting a clause fixing the permanent seat of government at Germantown, in the State of Pennsylvania. A district of 1<> miles square, bounded on the south by a line run- ning parallel at 1 mile's distance from the cit}^ of Philadelphia on the east side of the river of Delaware and extending northwardly and west- erly so as to include Germantown. A motion to postpone the consideration of this amendment to the next session was lost — 29 to 25. Monday, September ^5, 1789. — Mr. Madison moved to amend the Senate's amendment by adding a proviso that nothing therein contained should be construed to affect the operation of the laws of Pennsyl- vania, within the said district of 1<» 'miles square, until Congress shall otherwise provide by 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 clause providing for the temporary residence in New York. This was also negatived without a division. , Mr. Boudinot moved to amend the amendment of the Senate by annexing to it a clause providing that the seatof government might be anywhere on the Delaware, within the States of iS'ew Jersey, Pennsyl- vania, or either of them, above Philadelphia and below Howell's Ferry. This was also negatived without a division. The main ([uestion, that the House agree to the amendment of the Senalie, with the foregoing amendment, was then carried — ayes, 31 ; noes, 2-1-. The bill was then returned to the Senate, which postponed the con- sideration of the amendment until the next session. /// tlie Senate— Saturday., August ^^, 1789. — The memorial of John Cox and others, citizens of the State of New Jersey and of the State of Pennsylvania, praying that the future seat of government might be established on the banks of the Delaware, and proposing a cession of a tract of land of 10 miles square, was read, and, together with a draft of the said tract, was laid on the table. Tuesday, Angnst 25, 1789. —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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 65 also nominated Wright's Ferry, on the Susquehanna; Yorktown, west of the Susquehanna: Carlisle, west of the Susquehanna; Harrisburg, on the Susquehanna; Reading, on the Schuylkill, and Germantown, in the neighborhood of Philadelphia, as different places in Pennsylvania which had been proposed for the permanent seat of government of the United States. Monday^ September 21^ 1789. — 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 respectful 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 anj'- time incline to make choice of that city for the temporary residence of the Federal Government. TJrursddy, Septemher 2J^, 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 place on the banks of the river Susquehanna, in the State or Pennsylvania," were stricken out — 11 to 7. A motion to insert in their place the words "at -some convenient place on the northern bank of the ••ivcr Potomac" was lost. A motion to fill the blank with these words — in the counties of Philadelphia. Che&ter. ai:i)'s1, for the first Monday in December, 1790, as the time for the removal of the public offices to Philadelphia, was lost by the casting vote of the Vice-Presi- dent, the Senate being divided, 13 to \?>. 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. Wingate, who voted in favor of the third reading, voted against the passage of the bill. The other votes wore the same as on ordering the bill to a third reading. The title of the bill was ordered to be ""An act for establishing the temporary and permanent seat of the Government of the United States." In the House of Representatives., Friday^ July '2, 1790. — The bill was brought in from the Senate and had its first and second reading and ■committed to a conmiittee of the whole House. Tuesday., July 0\ 1790. — In Committee of the Whole Mr. Sherman moved to strike out of the first clause the words "on the river Poto- mac,'" etc., and insert a clause which should include the town of Baltimore. Mr. Burke, of South Carolina, in debate, speaking of the removal of Congress from New York to Philadelphia, said: It is calculated to anv!>t the funding system and to throw everything into con- fusion. * * * If the ))ill is passed in its present form Congress will never leave Philadelphia. He spoke in handsome terms of Pennsylvania, but he was afraid of its influence, and it Avas the last State in which he would ever consent that the permanent seat of Government should be. He then a(h'(M-ted to the influence of the members from that State, who 1)V their i)()litical management had, lie said, raised a storm in the United States. He objected to Philad(di)liia also on account of there being no galler}' in the House proposed for the accommodation of Congress. An open gallery he considered as a very important check to the legislatur(\ Mr. Lawrence, amolig other topics, adverted to the funding busi- ness and other important matters which remain to be decided on, and very strongly intimated that these (juestions weiH^ to be determined agreeably to the fate of tiiis bill. ^Ir. Bloodworth observed that, as the funding- 1)111 had b(HMi alluded GOVERNMENT OF THE DISTRICT OF COLUMBIA. 73 to, he could wish that the objection from that quarter might be taken •out of the way, and moved that the}' rise in order to take up the ways and means. Mr. Smith, of Marjdand, introduced an address from the inhabit- ants of Baltimore to the Members and Senators from that State, which was read. A memorial from the inhabitants of Georgetown was also read, and certain papers received from the executive of Virginia, and a report of a conmiittee appointed by the old Congress to view the banks of the Potomac. Mr. Sene}', of Maryland, observed that the State of Maryland was as much divided on the subject as the United States seemed to be. A great rivalship exists between the Potomac and Susquehanna rivers. Pennsylvania and Maryland had given the preference to the Susque- hanna. He agreed that PennsAdvania, Maryland, and Virginia were the only States who could make any reasonable pretensions for the seat of government, l)ut a majority of voices from these States had been against the Potomac. Ml'. Scott, of Pennsylvania, said that from the town of Baltimore there is no water conveyance to the interior country, but from the proposed place on the Potomac there are 200 miles navigation directly into the heart of the country. Mr. Madison contended that Baltimore offered no advantages which were not common to the Potomac, and that in regard to centrality, securit}' from invasion, and relation to the western country, the Potomac had greath' the advantage. In answer to the fears of some, that a future Congress would repeal the act, he flattered himself that some .respect would be paid to the public interest and the plighted faith of the Government. He urged the friends of the In'll not to put it in hazard by consenting to any amendment. Mr. Gerry regretted that the subject had been brought forward, "for it is ver}^ evident that it has had a very pernicious influence on the great business of funding the public debt.'' He said that it had been promised to New York that this place (New York) should be the temporary residence of Congress, and on this engagement they came into an unconditional adoption of the Constitution. Mr. Vining, of Delaware, said: We are sent here to do the pubHc business, and I trust that our constituents have not sent men that are to be deterred from doing their duty by such insi(hous 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, ^7-96*. — In Committee of the Whole, Mr. Smith, of South Carolina, and several other njembers expressed their appre- hensions that if Congress should remain ten years in Philadelphia the seat of government would never be removed. 74 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Mr. Sherman's motion to substitute Baltimore for the Potomuc was negatived— 37 to 23. Mr. Burke then made the followin^^ motion: That the seat of gov- ernment should remain in New York two years from last Ma}'; and from the expiration of that time to the year 1800, 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 permanent residence should be fixed between the Potomac and the Susquehanna. Negatived Avithout a division. Mr. Gerry moved to amend the clause so us to inchide the town of Alexandria. This motion was also lost. A motion by Mr. Smith, of Maryland, to insert the word "locate," was also lost; as was also a motion made by Mr. Lawrence, of New York, to substitute 1795 for 1800. Tuesday, July S, 179U. — Mr. Burke, of South (^arolina, then moved the following amendment: Be il further enacted, That the city of New York shall l)e seat of the government of the United States until the day of ; and that thereafter, as soon as the same may be conveniently done, all the offices attached to the seat of the (iovern- ment of the United States shall be removed to the city of Philadelphia, in the State of Pennsylvania, which shall thenceforth he the seat of said Government until the day of . This motion was lost — 32 to 28. Mr. Smith, of South Carolina, moved the words '"at which place the ensuing session of Congress shall ])e held" should be erased, on the ground that the clause would limit the constitutional right of the two Houses to adjourn without the consent of the President. This motion l)eing negatived, the conunittee rose and reported the bill without amendment. Friday^ July 9, 1790. — ]Mr. Boudinot movini to substitute '"Dela- ware" for "Potomac." Negatived, 39 to 22. Mr. Ames, of Massachusetts, moved to strikeout "Potomac"* and insert "Georgetown, in Pennsylvania.'' Negatived, 39 to 22. Mr. Smith, of Maryland, moved to strike out "Potomac." etc., and insert the words "between the rivers Susquehanna and Potomac, as the most healthy and convenient place, having due regard to the navi- gation of the Atlantic Ocean and the situation of the Western terri- tory." Negatived, 36 to 2;>. Mr. Lawrence moved to substitute " Baltimore " for "the Potomac." The question was divided and the motion to strike out was negatived, 34 to 26. Mr. Gerry moved to strike out of the third section the words "pur- chase or." Negatived, 35 to 26. GOVERISTMENT OF THE DISTRICT OF COLUMBIA. 75 Mr. GeiT}^ then moved to amend the third section by inserting- after the word "purchase" the words "with such money only as may be granted to the President of the United States in the manner herein- after provided." Negatived, 33 to 26. Mr. Lawrence moved to add these words, '"' Pj^ovided, That the pur- chases and buildings aforesaid shall not exceed the sum of dol- lars. Negatived, 32 to 26. Mr. Gerry then moved to strike out the words "three Cyommission- ers or any two of them. Lost. Mr. Tucker, of South Carolina, moved to strike out the tifth section (respecting the removal of the public offices). Negatived, 33 to 28. Mr. Burke moved to substitute "Ma}", 1792," for "December, 1790," in the fifth section. Lost, 32 to 28. Mr. Sherman moved to substitute "May," for "December," in the fifth section. Lost, 33 to 28. Mr. Smith, of South Carolina, moved to strike out of the tifth sec- tion the words "at which place the session of Congress next ensuing the present shall be held." Lost, 33 to 26. Mr. Smith, of Maryland, moved to amend the fifth section by adding the following, viz: Provided nevertheleHs, That whenever the President of the United States shall receive authentic information that the public buildings aforesaid are so far completed as to be fit for the reception of both Houses of Congress all offices attached to the seat of government shall be removed thereto, anything herein contained to the contrary notwithstanding. Negatived, 48 to 13. The bill was then passed, without amendment — ayes, 32; noes, 29. Ayes — Ashe, Baldwin, Bloodworth, Brown, Cadwalader, 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, Trumbull, Tucker, Wadsworth— 29. The bill was approved b}" 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 — 17 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 committee 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. Snatt^^ Thur'nday^ April 17\ 1800. — The })ill "to niiike further pro- visions^" etc., was passed by the Senate with amendments — 18 to 10. Yeas — Anderson, Baldwin, Bloodworth, Chipman, Cocke, Dexter^ Foster, Franklin, Greene, Giuin, Lanpfdon, Lloyd, INIjirshall, Mason, Nicholas, Pinkney, Head, and Tracy — IS. Noes — Bingham, Brown, Goodhue, Hillhouse, Latimore, Lawrence, Liyerniore, Ross, Scluii'eman, and Wells — 10. The House agreed to the amendment, and the hill was approyed on the 24th 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 cit}^ of Washington on the third Monday of Noyember, 1800. This bill, which originated in the Senate, was ordered to a third reading in the House on Friday, May 9, 1800, l)y the casting vote of the Speaker, the House being divided — 32 to 32. On the third reading the bill was passed, 41 to 35. On the 22d of November, 1800, the President (Mr. ,Iohn Adams), in his speech at the opening of Congress, said: I congratulate the people of the United States on the assembling Of Congress at the permanent seat of their Government, and I congratulate you, gentlemen, on the prospect of a residence not to be changed. It is with you, gentlemen, to consider whether the local powers over the District of Columbia, vested by the Constitution in the Congress of the United States, shall be immediately exercised. If, in your opinion, this important trust ought now to be executed, you can not fail, while per- forming it, to take into view the future probable situation of the territory for the happiness of which you are about to provide. You will consider it as the cajiital of a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, and in population, and possessing within itself those energies which, if not thrown away or lamentably misdirected, will secure to it a long course of prosperity and self-government. The House of Representatives, in their answer to the speech, say: The final establishment of the seat of National Government, which has now taken place in the District of Columbia, is an event of no small importance in the ])(>litical transactions of our country. A consideration of those powers which have been vested in Congress over the District of Columbia will not escape our attention, nor shall we forget that in exercising these powers a regard must be had to those events which will necessarily attend the capital of America. Wednesday, December 31, 1800. — On a motion to recommit the bill concerning the District of Columbia, Mr. Harper (in reply to an obser- vation that th<> peoi)le of the District had continued for one hundred years to live happily under their respective State governments, and therefore it was not necessary' for Congress to legislate at all on the subject) said: But the provision of the Constitution on this subject had not been made with this view. It was made to bestow dignity and independence on the Government of the Union. It was to protect it from such outrages as had occurred when it was differ- ently situated, when it was without competent legislative, executive, and judiciaf 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 ra'.e, indisposed to give it proper protection. This was one reason, among others, for the provisions of the Constitution confirmed and carried into effect by the acts of Maryland and Virginia, and by the act of Congress. The bill was recommitted to Messrs. H. Lee, Evans, Craik, Bird, Silas Lee, Chauncey Goodrich, and Dennis. This committee did not report upon that hill, it having been super- seded by a bill with the same title, which originated in the Senate and which was l)rought to the House on the 5th of Februar3^ 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 26th; and the bill was signed by the President on the 27th. Notwithstanding the seat of (xovernment was thus fixed, the public offices removed, and Congress had exercised its exclusive legislation over the District, a motion was made on the 8th of February, 1803, in the House of Representatives, by Mr. Bacon (of Massachusetts) that it be — Resolved, That it is expedient for Congress to recede to the State of Virginia the jurisdiction of that part of the Territory of Columbia which was ceded to the United States by the said State of Virginia by an act passed the 3d of December, 1789, entitled, etc., provided the said State of Virginia shall consent and agree thereto. Resolved, That it is expedient for Congress to recede to the State of Maryland the jurisdiction of that part of Columbia which was ceded to the United States by the said State of Maryland by an act passed the 19th of December, 1791, entitled "An act concerning the Territory of Columbia and the city of Washington;" provided the said State of Maryland should consent and agree thereto. This motion was referred to a committee of the whole House immediately. The 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 much of the time of Congress was consumed in legislating for the District. ■i. 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. f>. It is an example of a government without representation, an experiment dangerous to the liberties of the States. In answer to these reasons it Avas said: 1. That the Constitution and the acts of cession of the States of Maryland and Virginia and the act of Congress accepting the cession 78 GOVERNMENT OF THE DISTRICT OF COLUMBIA. all contemplate the exercise of exclusive legislation by Congress; and its usefulness, if not its necessit}', is inferred from the inconvenience which was felt by the Congress of the Confederation foi- Mant of it. 2. That the people themselves, who are said to l)e deprived of their political rights, have not complained and do not desire a recession. Thi» evil maybe remedied by giving them a representation in Congress when the District shall become sufficiently populous, and in the mean- time a local legislature. If they have not political rights, 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 b}' a local legislature. -t. That Congress having accepted the cession can not divest itself of the right of exclusive jurisdiction and retain its seat of governuKMit. 5. That Congress 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 could not be dissolved but by the consent of all the parties. After two days' debate the committee, on the 9th of February, reported their disagreement to the resolutions, and the House con- curred in the report — QQ to 26. Notwithstanding this decided rejection of these resolutions, they were renewed at the next session by Mr. Dawson, in the House, on the 17th of March, 1804. The cit}- of Washington, however, was excepted from their operation. On the same day ]VIr. Wright, in the Senate, brought in a bill for the temporary removal of the pul)lic offices to Baltimore, and for the session of Congress at that place. Mr. Dawson's resolutions were i-eferred to a counuittee of the mIioIc House. On the 23d of March the House refused to go into committee upon them, and they were postponed to the iirst Monday in December, i. (^, rejected by a large majority, and without debate. In the Senate, on Monday, the 19th of March, Mr. Wright himself moved that the further consideration of the bill which he had intro- duced on the 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 1)ill should be passed, but that it should operate as a stimulus to the inhabitants of the city to exert themselves in providing more convenient acconniiodations for the members of Congress. GOVEENMENT 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, which had been fixed under the provisions of the Constitution. He observed tliat it had already cost the nation the assumption of the State debts to the amount of twenty-one millions of dollars, besides one or two millions for the public accommodation. That Congress could not remove without a violation of the Constitution, and of the public faith, and without indemnifying the proprietors of propert}' 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. Mr. Anderson, of Tennessee, considered Congress as having the constitutional power of altering the seat of government, and thought it expedient to remove from Washington and to indemnify the inhabitants. Mr. Cocke, of Tennessee, was of opinion that the permanent seat of the Government was fixed under the Constitution and that Congress had not the power to alter it. Mr. Adams, of Massachusetts, also contended strenuously against the right of Congress to remove the seat of Government. To do so would be to prostrate the national faith and to shake the confidence of the nation in the Government. The question of postponement was then taken and decided in the negative, 2-1: to 3. Mr. Dayton, of New Jersey, said that he had been instructed by the legislature of New Jersey, in case any prospect presented itself of a removal of the seat of Government, to offer in their name the public buildings in Trenton for their accommodation. He therefore gave notice that in case the bill should go to a third reading he should pro- duce his instructions and move to substitute Trenton for Baltimore. At the same time he declared his opinion of the impolicy of the pro- posed measure. The provision in the Constitution had arisen from an experience of the necessity of establishing a permanent seat for the Government. To avert the evils arising from a perpetual state of mutation, and from the agitation of the public mind whenever the question was discussed, the Constitution had wiseh^ provided for the establishment of a permanent seat, vesting in Congress exclusive legis- lation over it. He admitted that there might be reasons which would justify a removal, such as great insalubrity of climate, or very great inconvenience in transacting the public business, or a turbulent spirit in the inhabitants endangering the 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. 74986—09 1) 80 GOVERNMENT OF THE DISTRICT OF COLUMBIA. On the motion of Mr. Maclay, of Pennsylvania, the words " Balti- more " and " Mar3'land" were stricken out of the first section, and after further aroument the bill was negatived, 19 to 9. On Wednesday, the 12th of February, 1806, Mr. Smilie, cif Pennsyl- vania, offered in the House of Representatives two resolutions for re-ceding- the District of Columbia, similar to those which had l)een offered by Mr. Bacon on the 8th of February, 1803. These resolutions were referred to a Committee of the Whole House, and made the order of the day for. the following ^Monday, ])ut were never afterwards considered. On Monday, the 26th of September, 1814, innnediately after the burning of the Capitol and public offices by the British, Mr. Fisk, of New York, proposed in the House of Representatives the following resolution : Resolved, That a committee be appointed to inquire into the expfediency of remov- ing the seat of Government during the present session of Congress to a place of greater security and less inconvenience than the city of Washington, with leave to report by bill or otherwise. This resolution was agreed to — 72 to 51. On Monday, October 3, the committee reported that it was inex- pedient to remove the seat of government at this time from the city of Washington. Upon the motion of Mr. Fisk, the word ''expedient" was substi- tuted for " inexpedient," by the casting vote of the Speaker (Mr. Cheves), the House being divided — (iS to (\S. The reason which he gave was that this District could not be defended except at an inmiense expense. The report, as amended, was then referred to a Committee of the Whole House and made the order of the day for the -Ith of October, when a motion by Mr. Newton of Virginia to postpone the subject indefinitely was lost — 77 to 61; and on the 6th the resolution, as amended, was agreed to — 72 to 71, and a committee was appointed to bring in a bill accordingly, who reported on the 13th. On the 15th the bill was rejected — 83 to 74. If the vote had l)een taken by States, Delaware and all the States east of Delaware would have been in favor of removal and the other States against it, except- ing Kentucky, which was equally divided. There ])eing tlien Is States in the Union, the i) Eastern States would have carried the bill tiirough the House. The debate upon this subject was maintained for several days by Mr. Pearson of North Carolina (one of whose speeches will be found in the National Intelligencer of November 5, 1814), 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. (irosvenor, 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 been published. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 81 The last proposition which has been made for receding any portion of the District was made by Mr. Darlington, in the House of Repre- sentatives on the 6th of January, 1820, in the following words: Whereas there appears to be considerable dissatisfaction among the inhabitants of the District of Columbia, who reside without the limits of the city of Washington, on account of the inconveniences to which they are subjected by the present mode of government in said District; and, Whereas it is desirable that Congress should, as far as practicable, be relieved from the duty of legislating in cases where it is at once burthensome in itself and unaccept- able to the people: Therefore, Resolved, That the Committee for the District of Columbia be instructed to enquire into the expediency of retroceding and restoring to the States of Maryland and Vir- ginia, respectively, all such portions of the territory of said district, not included within the limits of the city of Washington, as were derived from those States. But the House refused to consider the resolution. Appendix 2. AN ACT for establishing the temporary and permanent seat of the Government of the United States. Section 1. Be it enacted hy the Senate arid House of Representatives of the Zhilted States of America in Congress assemhJed^ 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 l)y this acceptance, until the time Hxed for the removal of the government thereto, and until Congress shall otherwise by law provide. Sec. 2. And he it further oaicted, That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may l)e 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 hmitations above mentioned; and the district so defined, limited, and located shall be deemed the district accepted by this act for the per- manent seat of the government of the United States. Sec. 3. Aiid 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 Monday in December, in the year one thousand eight hundred, provide suitable 82 governmp:nt of the dii^trict of Columbia. buildings for tho iiccommodation of Congress and of the President and for the public otHces of the government of the United States. Sec. 4. And be If (ftcrfher) enacted^ That for defraying the expense of such purchases and buildings, the President of the United States be authorized and re(|U(\sted to accept grants of money. Skc. 5. And he if {futiJwr) enacted, That prior to the first Mondaj' in December next, all offices attached to the seat of the government of the United States, shall l)e removed to, and until the said first Monda}' in December, in the 3'ear one thousand eight hundred.^ shall remain at the city of Philadelphia, in the State of Pennsylvania, at which place the session of Congress next ensuing the present shall be held. Sec. 6. And he it {fvrthet) enacted^ That on the said first Monday in December, in the year one thousand eight hundred, the seat of tho Government of the United States shall, ])y virtue of this act, be trans- ferred to the district and place aforesaid. And all ofhces attached to the said seat of Government, shall accordingly be removed thereto by their respective holders, and shall, after the said day, cease to be exer- cised elsewhere; and that the necessary expense of such removal shall be defrayed out of the duties on imposts and tonnage, of which a suffi- cient sum is hereby appropriated. Approved, July If), I7l>0. (1 Stats., 13o.) Appendix 8. AN ACT to cede to Congress a district of 10 miles square in this State (^Maryland) for the seat of the Government of the United States. Approved December 2o, 1788. ' Be it enacted l>y the General Assemhly of Maryland^ That the rep- resentatives of this State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wedn(>sday of March next, be, and they are hereby, authorized and required, on behalf of this State, to cede to the Con- gress of the United States an}- district in this State not exceeding 10 miles squan*. which the Congress may fix upon and accept for the seat of Goverinnent 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 Unittn:! Stat-es in Congress assembled, for the perma- nent seat of the General Government. A])proved, December 8, 1789. 1. Whereas the equal and conmion Ix'iiefits resulting, from the administiation of the General Govermnent will l)e Ijcst diffused and its operations become more ])i<)nq)t and ccMtain b}- establishing such a situation for the seat of said Governnient as will 1)e most c(Mitral 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 GOVEENMENT OF THE DISTRICT OF COLUMBIA. 83 Atlantic Ocean, through the Chesapeake Bay, as to the most direct and ready communication with our fellow citizens in the Western frontiers; and whereas it appears to this assembly that a situation combining- all the considerations and advantages before recited may be had on the banks of the river Potomac, above tide water, in a country rich and fertile in soil, healthy and salubrious in climate, and abounding in all the necessaries and conveniences of life, where, in a location of 10 miles square, if the wisdom of Congress shall so direct, the States of Pennsylvania, Maryland, and Virginia may participate in such location: 2. Be it ilierefore enacted hy the general asseynhly^ That a tract of countr}', not exceeding ten miles square, or any lesser quantity, to be located within the limits of this State, and in any part thereof as Con- gress ma}' b}' law direct, shall be, and the same is, forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of the Government of the United States. III. Provided^ That nothing herein contained shall be herein con- strued to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States. IV. jbid provided aUo^ 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 by the article of the Constitution before recited. Appendix 5. AN ACT concerning the advance of money to the Government of the United States for }>u))hc buildings. Whereas the general assembh' 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, 1TS9, 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 tix it on the banks of the Patowmack; and whereas Congress have passed an act for establishing the said seat of government on the Patowmack — '"''Be it enacted hy the general assembly (of Virginia), That 120,000 dollars shall be advanced bv this Commonwealth to the General Gov- 84 GOVERNMENT OF THE DISTRICT OF COLUMBIA. ernment, payable in throe equal yeai'ly payments, and to be applied toward erecting pul>lic buildings at the permanent seat of gov^ernment of the United States on the banks of the Patowmaek. and the auditor of public accounts is hereby directed to issue his warrants on the treasurer to the amount of 120,000 dollars, payable in the manner here- inbefore directed, to the order of the President of the l^^nited States." Passed December 27, IT'.'o. Appendix (5. [seal.] (teorge Washington, Pr<'^idevt of the United States. To all who shall see these presents, greeting: Know ye, that reposing special trust and confidence in the integrity', skill, and diligence of Thos. Johnson and Daniel Carroll, of Maryland, and David Stuart, of Virginia, I do, in ])ui'suance 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 territor}' accepted l)y the said act for the permanent seat of the GoA'ern- ment of the United States, and for performing such other offices as by law are directed, Avith full authority for them, or any two of them, to proceed therein according to law, and to have and to hold the said office, with all the powers, privileges, and authorities to the same of right appertaining each of them, during the pleasure of the President of the United States for the time being. In testimony whereof I have caused these letters to be made patent and the seal of the United States thereto affixed. Given under my hand at the city of Philadelphia, the twenty-second day of January, in year of our Lord one thousand seven hundred and ninety-one and of the Independence of the United States the fifteenth. George Washington. By the President: Thomas Jefferson. Appendix 7. AN ACT to amend "An act for establishing the temporary and permanent seat of the Government of the United States." Be it enacted hy tlie Senate and House of liepresentatires of the United States of America in Congress assembled^ That so much of the act entitled "An act for establishing the temporary and permanent seat of the govermnent of the United States'' as re(iuires that the whole of the district of territory, 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 above the mouth of the Eastern Branch, be and is hereby repealed, and that it shall be lawful for the President to make any part of the territory below the said limit, and above the mouth of Hunting Creek, a part of the said dis- trict, so as to include a convenient part of the Eastern Branch, and of the lands 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 thaii on the Maryland side of the river Potomac, as required by the aforesaid act. Approved March 3, 1791. (1 Stats., 214.) Appendix 8. On March 28, 1791, President Washington reached Georgetown, and on the 29th he rode over the proposed site of the Federal city, in compan}" with the three Commissioners and the two surveyors, Andrew EUicott and Maj. Peter Charles L'Enfant. On the evening of the same daj^ a meeting was held for the purpose of effecting a friendly agreement between the proprietors of the lands constituting the site of the Federal city and the United States commis- sioners, and Washington's good counsel on that occasion had so favor- able an effect that the general features were settled that very evening for the agreement, which was signed and executed by nineteen property holders the next day, and thereby the rights of and titles to property within this District and city may be said to have been decided on that evening. This agreement, which was accepted 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 Ije a joint property between the trustees on behalf of the public and each present proprietor, 86 GOVERNMENT OF THE DISTRICT OF COLUMBIA. and the same shall be fairly and ('(lually divided between the public and the indi- viduals, as soon as may be, the city shall l)e laid off. For the streets the proprietors shall receive no compensation; but for the squares or lands in any form, whicli shall be taken for iiublic buildings, or any kind of pub- lic improvements or uses, the ])roprietors whose lands shall be taken shall receive at the rate of 25 pounds per acre, to be paid by the public. The whole wood on the lands shall be the property of the proprietors, and should any be desired by the President to be reserved or left standing, the same shall be paid for by the public at a just and reasonable valuation, exclusive of the £25 per acre to be paid for the land on which the same shall remain. Each proprietor shall retain the full possession and use of his land until the same shall be sold and occupied by the purchase of the lots laid out thereon, and in all cases where the public arrangements as the streets, lots, etc., will admit of it, each proprietor shall possess his bui]JDRIA FOR RETROCESSION. The committee appointed b}' the common council of Alexandria to attend to the interests of the town before Congress, and especially to urge upon that body the sul^ject of retrocession, beg leave respectfully to submit to the honorable chairman and members of the District Committee of the House of Representatives some of the considerations which impel them greatl}^ to desire to return to the State of Virginia, from which, in an evil hour, the}^ were separated. We maintain that all government (politically considered) but self-government is bad, and that without some radical change, time, instead of making a bad gov- ernment better, will make it worse; that whatever power is exercised independently of the will of the people, expressed individually or through their representatives, is a despotism. When we remind the committee that we are a disfranchised people, deprived of all those political rights and privileges so dear to an American citizen, and the possession of which is so well calculated to elevate and dignify the human character; that the exclusive jurisdiction which Congress pos- 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 sympathy of every member of Congress. Regardless of these evils we should be Avilling 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 anj'' of the States (we say not fellow-citizens, for in our degraded condition the term would be inapplicable) by emotions of pure and elevated patriotism. We are convinced, however, that so far from GOVEENMENT OF THE DISTEICT OF COLUMBIA. 109 being of advantage we are a useless and even a burdensome appendage to the General Government. The appropriations for the support of the judicial sj^stem of the District of Columbia have been a subject of serious complaint, amounting, we believe, to as much as $50,000 per annum. By retroceding the town and county of Alexandria this amount would be greatly diminished, and there would be a consider- able saving in the diminished tmie that Congress would feel it incum- bent on them to bestow on the affairs of the District. Our condition is essentiall}' different from and far worse than that of our neighbors on the northern side of the Potomac. They are citizens of the metrop- olis of a great and noble republic, and wherever they go there cluster about them all those glorious associations connected with the progress and fame of their country. The\^ are in some measure compensated for the loss of their political rights by benefits resulting from the large- expenditure of public money among them, and by daily intercourse and association with the various officers of the Government, and par- ticularly with the members of Congress. How is it with the citizens of Alexandria ? When they go abroad, or their sons are sent to the various literar}^ institutions in the States, from a sense of their degraded political condition they are induced to pass themselves as citizens of Virginia. Permit us here expressly to state that in nothing we have said or may sa}^ 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 the}^ existed on the 27th of Februar}'-, 1801, with some few unimportant changes, are still in force with us. We are yet governed by antiquated English statutes, repealed even there half a century ago. Efforts have, at different periods since the cession of the District, been made by Congress to establish for us a code of laws, but each efiort has proven abortive, and we doubt not that future efforts will, if made, share a similar fate. With a due regard to the interests of the constituents of each member of your honorable bod}^ it is not reasonable to expect Congress to give the time neces- sar}' to modif}' and reform these laws in such a manner as is necessary. So mongrel and complicated is our present system, so patchwork in its nature, that to ascertain what the law is we are in many cases compelled to resort to the revised code of Virgmia of the last century (now nearly out of print), to the laws of Maryland, and acts of Con- gress, and when we have undergone this labor find it difficult to evis- cerate from the chaotic mass the true meaning of the law. Can a peo- ple among whom the march of the human mind is thus impeded in 110 GOVERNMENT OF THE DISTRICT OF COLUMBIA. relation to the highest objects on which it can be exercised, be expected to pro.>?per — when, too, we are surrounded by States to whose citizens every passing 3'ear brings the fi'uits of an improved judgment and a more intelligent understanding? B\' decisions of the Supreme Court, the inhabitants of this District are not constitutionally entitled to many of the civil rights of citizens of the States, as guaranteed to them merely because their rights are secured to them as being citizens of a Slate; and while an alien, a British subject, may sue in the Federal courts of the Union, we are denied the privilege. In order to obtain this right, individual instances have occurred in which our citizens have been compelled to remove to one of the States. We are deprived of the elective franchise, a privi- lege so dear and sacred that we would present its deprivation in the strongest light before your honorable bod3\ Side by side with the trial by jury and the writ of habeas corpus may be placed the rights of the ballot box. It is not unworthy of the remark that while the principles of free government are yearly extending with the rapid march of civilization, and thrones and dynasties are yielding to their influence, here alone in the 10 miles square in and about the capital of this great countrN' is there no improvement, no advance in popular rights. A foreigner, on reaching some distant portion of our terri- tory, might well expect on approaching the seat of government to find its inhabitants enjoying in at least an equal degree the free institutions of the country. In ascertaining our true condition, how unaccountable must it appear that we alone are denied them. However clear ourselves as to the constitutional right of Congress to carry out the measure we propose, as some doubts — not, we think, of a serious character — have been suggested, it is perhaps proper that we should adv^ert to the subject. By the seventeenth section of the eighth article of the Constitution of the United States, the power is delegated to Congress to exercise exclusive jurisdiction in all cases whatsoever over such district (not exceeding 10 miles square) as might, b}' the cession of particular States and the acceptance of Congress, become the seat of government. In limiting the extent of territory thus to be ceded to 10 miles square, it is evident that Congress was not tied down to that particular quantity nor prohibited from accepting any less quantity; and had it thus acted, the requirements of the Con- stitution would have been fully answered. The avowed object of the framers of the Constitution, in giving Congress exclusive jurisdiction over a space of country surrounding the seat of government, was to protect its deliberations from disturbance and to secure its action from the influence of popular outbreaks. It was left, however, for Con- gress to determine the extent of territory, not exceeding or within the limits of 10 miles square, over which it might be proper to exercise exclusive legislation. For causes satisfactory to Congress, they thought GOVERNMENT OF THE DISTRICT OF COLUMBIA. Ill proper to accept the maximum quantity allowed by the Constitution; and the question now is, whether they hare not the clear and undoubted right of withdrawing- their jurisdiction from so much thereof as to them may appear unnecessary and useless for the purposes of the origi- nal cession. The right to abandon would seem necessarily to follow the right to acquire. Virginia, in her act of cession, passed to the General Government the exclusive jurisdiction alone of that part of the District of Columbia south of the river Potomac. The right of property in the soil is expressly reserved to the individual proprietors. Has this jurisdiction become so vested that it can not be divested, even by the consent of the contracting parties, without an amendment of the Constitution ? Were this true it would, when carried out, establish that when Congress shall have once undertaken to exercise an}^ of the other delegated powers, the right again to exercise such power would be forever extin- guished. Although the jurisdiction over the Territory of Columbia was ceded jointly by the States of Maryland and Virginia, jet the assent of the former can surely not be necessary to authorize the Gen- eral Government to recede to the State of Virginia the jurisdiction over that part of the territory originally ceded by that State. In parting with the jurisdiction over the town and county of Alex- andria, Virginia appended no condition or limitation in her act of cession other than the protection of the individual rights of the inhab- itants. The onl}^ implied restriction to the control of Congress in relinquishing such jurisdiction would be, that the object of the original grant should not be thereby defeated. In this view the question becomes one of mere expediency for Congress to determine whether the other portion of Columbia (to some of which the United States have the absolute right in the soil) would not be amply sufficient for all the purposes of a seat of government. The absolute power of Congress to dispose of the public lands can not be doubted. An express authority for this may be found in the second section of the third article of the amended Constitution. It provides that — Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property of the United States. From the latter part of the seventeenth section, above referred to, it is evident that the power secured to Congress, by giving it exclusiv^e 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 Columbia. If the title to property bo absolute the mode of its acquisition is unimportant. Whether it be by gift, purchase, or conquest, it is still but a complete title. Congress, by a long and uniform series of 74986—09 8 112 GOVEKNMiilSIT OF THE DISTRICT ()F C()LUM15IA. leo-islation, has rsons that may be therein shail be subject to the following- provisions for the government of the same, and also to any existing laws applicable thereto not hereby repealed or inconsistent with the provisions of this act. 3. The District of Columbia shall remain and continue a numicipal corporation, as provided in section two of the Revised Statutes relat- ing to said District, and the Commissioners herein provided for shall be deemed and taken as officers of such corporation. 4. And all laws now in force relating to the District of Columbia not inconsistent with the provisions of this act shall remain in full force and effect. Section 2. 1. That within twenty days after the approval of this act the Presi- dent of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint two persons, who, with an officer of the Corps of Engineers of the United States Army, whose lineal rank shall be above that of a captain, shall be Commissioners of the District of Colum})ia. JOINT RESOLUTION defining a quorum of the Board of Commissioners of the District of Columbia and for other purposes. Resolved by the Senate and House of Representatives of the United States of America, in Congress assemhlcd, That any two of the Commissioners of the District of Columbia, sitting as a board, shall constitute a quorum for the transaction of business, and that the senior officer of the Corps of Engineers of the x\rmy who shall for the time being be detailed to act as assistant (and in case of his absence from the District or disa- bility, the junior officer so detailed) shall, in the event of the absence from the Dis- trict or disability of the Commissioner who shall for the time being be detailed from the Corps of Engineers, perform all the duties imposed by law upon said Commis- sioner. Hereafter such Engineer Commissioner may, in the discretion of the Presi- dent of the United States, be detailed from among the captains or officers of higher grade having served at least fifteen years in the Corps of Engineers of the Army of the United States. Approved December 24, 1890. 2. And who, from and after July first, eighteen hundred and seven tj'- 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 pjugincers b}^ the President for this duty, shall not be required to perform any other, nor shall he recei\e any other compensation than his regular pay and allowances as an officer of the Army. GOVERNMENT OF THE DISTEICT 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 Uni^d States, and shall have been actual residents of the District of Columbia for three years next before their appointment, and have, during that period, claimed resi- dence nowhere else; 5. And one of said three Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annually and whenever a vacanc}^ shall occur thereafter; 6. And said Commissioners shall each of them, before entering upon the discharge of his duties, take an oath or affirmation to support the Constitution of the United States, and to faithfully discharge the duties imposed upon him by law; 7. And said Commissioners appointed from civil life shall each receive for his services a compensation at the rate of five thousand dollars per annum, and shall, before entering upon the duties of the office, each give bond in the sum of fifty thousand dollars, with surety as is required by existing law. 8. The official term of said Commissioners appointed from civil life shall be three j^ears, and until their successors are appointed and qual- ified; but the first appointment shall be one Commissioner for one year and one for two years, and at the expiration of their respective terms their successors shall be appointed for three years. (Attorney General Devens rendered an opinion July 7, 1880, that the term of office of the Commissioners appointed from civil life is three years, and not for unexpired balance of their predecessor's terms. ) 9. Neither of said Commissioners, nor any officer whatsoever of the District of Cohmibia, shall be accepted as surety upon any bond required to be given to the District of Columbia; 10. Nor shall any contractor be accepted as suretj' for any officer or other contractor in said District. Section 3. 1. That as soon as the Commissioners appointed and detailed as aforesaid shall have taken and subscribed the oath or affirmation herein- before required, all the powers, rights, duties, and privileges lawfully exercised by, and all property, estate, and effects now vested by law in the Commissioners appointed under the provisions of the act of Congress approved June twentieth, eighteen hundred and seventy-four, shall be transferred to and vested in and imposed upon said Commis- sioners; and the functions of the Commissioners so appointed under 118 GOVERNMENT OF THE DISTRICT OF COLUMBIA. the act of June twentieth, eighteen hundred and seventy-four, shall cease and determine. I 2. And the Commissioners of the District of Columbia shall have power, subject to the limitations and provisions herein contained, to apply the taxes and other i-evenues of said District to the payment of the current expenses thereof, to the support of the public schools, the fire department and the police, and for that purpose shall take posses- sion and supervision of all the offices, books, papers, records, moneys, credits, securities, assets, and accounts belonging or appertaining to the business or interests of the government of the District of Columbia, and exercise the duties, powers, and authority aforesaid; Commissioners — expenditures of, not to exceed appropriations, vol. 22, p. 470. shall not make requisitions on U. S. for greater sums than on revenues from D. C, vol. 22, p. 471. duties of, respecting "low grounds" transferred to Secretary Interior, vol. 21, p. 47. shall not make requisition on the U. S. Treasury for a larger amount than from the revenues of the D. C, vol. 29, p. 684. hospital for foundlings, to report to, act March 3, 1909. 3. But said Commissioners, in the exercise of such duties, powers, and authority, shall make no contract, nor incur any obligation other than such contracts and obligations as are hereinafter provided for and shall be approved by Congress. 4. The Commissioners shall have power to locate the places where hacks shall stand and change them as often as the public interests require. 5. Any person violating any orders lawfully made in pursuance of this power shall'be subject to a fine of not less than ten nor more than one hundred dollars, to be recovered before any justice of the peace in an action in the name of the Commissioners. The attorney for the District holds that the Act of January 26, 1887 (24 Stat, 368), repeals paragraph 5. (See "Authority to make public vehicle rates," p. 177.) 6. All taxes heretofore lawfully assessed and due, or to become due, shall be collected pursuant to law, except as herein otherwise provided; 7. But said Conmiissioners shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences thereof; 8. But they may borrow, for the first fiscal year after this act takes effect, in anticipation of collection of revenues, not to exceed two hun- dred thousand dollars, at a rate of interest not exceeding five per centum per annum, which shall be repaid out of the revenues of that year. 9. And said Commissioners are hereby authorized to abolish any office, to con.solidate two or more offices, reduce the number of em- ployees, remove from office, and make appointments to any office under them authorized by law; GOVERNMENT OF THE DISTRICT OF COLUMBIA. 119 10. Said Commissioners shall have power to erect, light and main- tain lamp-posts, with lamps, outside of the city limits, when, in their judgment, it shall be deemed proper or necessarj^: Provided^ That nothing in this act contained shall be construed to abate in any wise or interfere with any suit pending in favor of or against the District of Columbia or the Commissioners thereof, or affect any right, penalty, forfeiture, or cause of action existing in favor of said District or Commissioners, or any citizen of the District of Columbia, or any other person, but the same may be commenced, proceeded for, or prosecuted to final judgment, and the corporation shall be bound thereby as if the suit had been originally commenced for or against said corporation. 12. The said Commissioners shall submit to the Secretary of the Treasury for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and annually thereafter, for his examination and approval, a statement showing in detail the work proposed to be under- taken by them during the fiscal year next ensuing, and the estimated cost thereof; 13. Also the cost of constructing, repairing, and maintaining all bridges authorized by law across the Potomac River within the Dis- trict of Columbia, and also all other streams in said District; the cost of maintaining all public institutions of charity, reformatories, and prisons belonging to or controlled wholly or in part by the District of Columbia, and which are now by law supported wholly or in part by the United States or District of Columbia; and also the expenses of the Washington Aqueduct and its appurtenances; and also an itemized statement and estimate of the amount necessary to def ra}^ the expenses of the government of the District of Columbia for the next fiscal year: Estimates for water department shall be included in estimates of Commissioners, vol. 21, p. 466. Estimates shall be submitted to Congress through Secretary of Treasury by Octo- ber 15th of each year (31 Stats., 1009) (23 Stat., 254). Shall not exceed twice the estimated revenues for fiscal year, act March 3, 1909. Estimates for Freedman's Hospital shall hereafter be made by Commissioners, vol. 27, p. 373. Shall include cost of defending suits in Court of Claims, vol. 24, p. 253. Shall include estimates for Columbia Institution for Deaf and Dumb, vol. 25, p. 962. Shall include expense of militia, vol. 25, p. 780. Shall include care of feeble-minded children, vol. 26, p. 393. Shall include expenses of support of D. C. convicts, vol. 26, p. 408. Shall include provision for Board of Assistant Assessors and its clerk, vol. 28, p. 285. Shiall include salaries of the force necessary for the care and protection of the Court House, vol. 28, p. 202. Shall include salary of the Warden of the District Jail, vol. 28, p. 202. Shall include expense of maintaining prisoners in the District Jail, vol. 28, p. 417. Shall include expense of insane, vol. 20, p. 230. Shall not be published in advance of submission to Congress, act March 3, 1909. 120 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Annual, hIuiU iiicluile f^tatcnient of number and compensation of employees appro- priated for in one oflu'e and detailed to another for longer than one year, vol. 28, p. 808. And hereafter one-half of the cost of the maintenance and repair of any liridge across Rock Creek occupied by the tracks of a street railway or railways shall be borne by the said railway companj' or companies, and shall be collected in the same manner as the cost of laying pavements between the rails and tracks of street rail- ways as provi(led for in section five of "An act providing a permanent form of gov- ernment for the District of Columbia," approved June 11, 1878. The amounts thus collected shall be deposited to the credit of the appropriation for the fi.scal year in which they are collected. U. S. Stat., vol. 28, p. 252. 14. Provided^ That nothing- herein contained shall be construed as transferring from the United States authorities an}' of the public works within the District of Columbia now in the control or super- vision of said authorities. The following which were in charge of U. S. officers have since been transferred to Commissioners. The reservations formed by intersecting avemies and streets were apjiortioned between Superintendent of Public Buildings and (xrounds and the Commissioners, February 16, 1889, by L. S. 38,693. CO. Bennings, Anacostia and Chain Bridges — transferred to charge of Commissioners, vol. 24, p. 132. Bridge at Penna. Ave., over Eastern Branch, transferred to Commissioners July 28, 1890. L. R. 167,768. C. 0. Aqueduct Bridge over Potomac, placed mider the jurisdiction of the Commissioners July 18, 1888, vol. 25, p. 319. All bridges in D. C. except the Aqueduct Bridge over Rock Creek, j>laced under control of Commissioners, vol. 27, p. 544. Bridges, Commissioners shall make regulations for public safety on, vol. 27, p. 544. 15. The Secretary of the Treasur}- shall carefully consider all esti- mates submitted to him as above provided, and shall approve, dis- approv^e, or suggest such changes in the same, or any item thereof, as he may think the public interest demands; and after he shall have considered and ])assed upon such estimates submitted to him, ho shall cause to be made a statement of the amount approved b}' him and the fund or purpose to which each item belongs, which statement shall be certified by him, and delivered, together with the estimates as oi'iginally sul)mitted, to the Commissioners of tiic District of Columbia, who shall transmit the same to Congress. 16. To the extent to which (^ongress shall approve of said estimates, Congress shall appropriate the amount of tifty per centum thereof; 17. And the remaining tiftv per centum of such approved estimates shall be levied and asses.sed upon the taxable property and privileges in said District other than the property of the United States and of the District of Columbia; 18. And all proceedings in the assessing, equalizing and levA'ing of said taxes, the collection thereof, the listing return and j^enalty for taxes in arrears, the advertising for sale and the sale of property for delinquent taxes, the redemption thereof, the proceedings to enforce the lien upon unredeemed property, and every other act and thing now GOVERNMENT OF THE DISTRICT OF COLUMBIA. 121 required to be done in the premises, shall be done and performed at the times and in the manner now provided by law, except in so far as is otherwise provided by this act; 19. Provided^ That the rate of taxation in any one year shall not exceed one dollar and fifty cents on every one hundred dollars of real estate not exempted by law; and on personal propert}^ not taxable (elsewhere, one dollar and fifty cents on every one hundred dollars, according to the cash valuation thereof (see pp. 146, 163); 20. And ■])T(ymded further^ Upon i-eal property held and used exclu- sively for agricultural purposes, without the limits of the cities of \Vashing'ton and Georgetown, and to be so designated by the assessors ill their annual returns, tlie rate for an}" one year shall not exceed one dollar on every one hundred dollars. (Rate fixed at $1.50 per $100, p. 616.) 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 Washington, that he is ready to receive taxes; 22. And any person who shall, within thirty da\-s 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 deduction for prompt payment of taxes repealed, 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 taxes 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 4. 1. That the said Commissioners 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 June thirtieth, eighteen hundred and seventy-eight, and for other purposes," or with other existing laws, prescribe the time or times for the paj'ment of all taxes and the duties of assessors and collectors in relation thereto. (See "Methods of Taxation," p. 143 et seq.) 2. All taxes collected shall be paid into the Treasur}' of the United States, and the same, as well as the appropriations to be made \yy Con- gress as aforesaid, shall be disbursed for the expenses of said District, on itemized vouchers, which shall have been audited and approved h^ the Auditor of the District of Colum))ia, certified b}'- said Commis- sioners, or a majority of them; Balances of appropriations remaining at end of two years from close of fiscal year ehall be covered into Treasury to credit of U. S. and D, C. equally, vol. 25, p. 808. \'2'2 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 3. And tlio uocounts of said Commissioners, and the tax collectors, and all other officers required to account, shall be settled and adjusted b}' 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-five bonds of the District of Columbia issued in pursu- ance of the act of Congress approved Jmic twentieth, eighteen hundred and seventy-four, when the same shall liecome due and payable; and all amounts so paid shall be credited as a part of the appropriation for the year by the United States toward the expenses of the District of Columbia, as hereinbefore provided. Section 5, 1. That hereafter when any repairs of streets, avenues, alleys, or sewers within the District of Columbia are to be made, or when new pavements are to be substituted in place of those worn out, new ones laid, or new streets opened, sewers built, or any works the total cost of which shall exceed the sum of one thousand dollars, notice shall be given in one newspaper in Washington, and if the total cost shall exceed five thousand dollars, then in one newspaper in each of the cities of New York, Philadelphia, and Baltimore, also for one week, for pro- posals, with full specifications as to material for the whole or any por- tion of the works proposed to be done. 2. And the lowest responsible proposal for the kind and character of pavement or other work which the Commissioners shall determine upon shall in all cases be accepted: 8. Provided^ however^ That the Commissioners shall have the right, in their discretion, to reject all of such proposals: 4. Provided^ That work capable of being executed under a single contract shall not be subdivided so as to reduce the sum of mone}^ to be paid therefor to less than one thousand dollars. 5. All contracts for the construction, improvement, alteration, or repairs of the streets, avenues, highways, alleys, gutters, sewers, and all work of like nature shall be made and entered into only by and with the ofKcial unanimous consent of the Commissioners of the District. (See note after paragraph 1, section 2, as to quorum of Board.) 6. And all contracts shall be copied into a book kept for that pur- pose and be signed by the said Commissioners, and no contract involv- ing an expenditure of more than one hundred dollars shall be valid until recorded and signed as aforesaid. The First Comptroller verbally advised Commissioners that books composed of original copies of contracts bound together would meet the requirements of this law as to copying contracts into a book. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 123 7. No pavement shall be accepted nor any pavements laid ex(;ept that of the best material of its kind known for that purpose, laid in the most substantial manner; 8. And g-ood and sufficient bonds to the United States, in a penal sum not less than the amount of the contract, with sureties to be approved b}^ the Commissioners of District of Columbia, shall be required from all contractors, guaranteeing- that the terms of their contract shall be strictly and faithfully performed to the satisfaction of and acceptance by said Commissioners {see Officers' and Contractors^ honds^ p. 180^ for modification of this restriction)', 9. And that the contractors shall keep new pavements or other new works in repair for a term of five years from the date of the comple- tion of their contracts {see Term of Contractors'' Liahility, j). 181)\ 10. And ten per centum of the cost of all new work shall be retained as an additional security and a guarantee fund to keep the same in repair for said term, 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. {See Retents from Contractors^ p. 181.) Contractors' retains: "All moneys which have been or may hereafter be legally retained from contractors may be invested in bonds of the United States or the Dis- trict of Columbia and held by the Treasurer of the United States, and any sum M'hich 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. 313; 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 any 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 b}' the Commissioners, may 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 the United States contributes toward the expenses of the District of (.olumbia for that .year; (Except perniit work. 28 Stats., 247.) 14. And all payments shall h& 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 such amounts and at such times as they ma}' deem safe and proper in view of the progress of the work. A disbursing officer shall be appointed by the Commissioners of the District ot Columbia, who shall give bond to the United States in the sum of fifty thousand dollars, 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 may come into his hands, which bond shall be approved by the said Commissioners and the Secretary of the Treasury and be filed in the office of the Secretary of the Treasury: Provided, That hereafter advances in money shall be made on the requisition of said Commissioners to the said disbursing officer instead of to the Commissioners, and he shall account for the same as now required by law of the said Commissioners. That hereafter all accounts for the disbursement of appropriations made either from the revenues of the District of Columbia or jointly from the revenues of the United States and the District of Columbia shall be audited by the Auditor of the District of Columbia before being transmitted to the accounting officers of the Treas- ury, unless otherwise specifically provided in the law making such appropriations: Provided, That this provision shall not apply to disbursements on account of the court of appeals and the Supreme Court of the District of Columbia, and for interest and sinking fund on the funded debt of the District of Columbia, which disburse- ments shall continue to be audited as heretofore provided by law. (June 30, 1898.) 15. That if an}' street railway company shall neglect or refuse to perform the work required by this act, said pavement shall ])e laid between the tracks and exterior thereto of such railwa}- by the J3istrict of Columbia; 16. And if such company shall fail or refuse to pay the sum due from them in respect of the work done by or under the orders of the proper officials of said District in such case of the neglect or refusal of such railway company to perform the work required as aforesaid, the Commissioners of the District of Columbia shall issue certificates of indebtedness against the property, real or personal, of such railway company, which cf^rtificates shall bear interest at the rate of ten per centum per anniun until paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued together with the franchise of said company; 17. And if the said certificates are not paid within one year, the said Commissioners of the District of Columbia may proceed to sell the property against which thin' are issued, or so much thereof as may be necessary to pay the amount due, such sale to be first duly advertised daily for one week in some newspaper published in the city of Wash- ington, and to be at public auction to the highest bidder. 18. When street railways cross any street or avenue, the pavement between the tracks of such railway shall conform to the pavement used upon such street or avenue, and the companies owning these intersect- ing railroads shall pay for such pavements in the same; luanner and proportion as required of other railway companies under the provisions x>f this section. GOVERNMENT OF THE DISTEICT OF COLUMBIA. 125 19. It shall be the duty of the Commissioners of the District of Columbia 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 other permanent works are put down; The Commissioners of the District of Columbia are hereby authorized, whenever the roadway of a street is about to be paved or macadamized, to make service connections in such street for all abutting lots and premises with the water mains and sewer provided for the service of said lots and premises. The entire cost of the said connections shall be paid from the current appropriations respectively for the extension of the sewer and water supply systems, and shall be assessed against the abutting property, and collected in like manner as assessments which are levied under the compulsory permit system; the sum so collected shall be credited to the respective appropriations for the extension of the sewer and water supply systems for the fiscal year during which said collections are made. U. S. Stat., vol. 28, p. 44. 20. And the Washington Gas-Light Company, under the direction of said Commissioners, shall, at its own expense take up, lay, and replace all gas mains on any street or avenue to be paved, at such time and place as said Commissioners shall direct. 21. The President of the United States ma}^ detail from the Engi- neer Corps of the Army not more than two officers, of rank subordi- nate to that of the Engineer Officer belonging to the Board of Commissioners of said District to act as assistants to said Engineer Commissioner, in the discharge of the special duties imposed upon him by the provisions of this act. Provided, That the last clause of section five of *'An act providing a permanent form or the District of Columbia, approved June 11, 1878," is hereby amended, so as to read as folows: The President of the United States may detail from the Engineer Corps of the Army not more than three officers, junior to the engineer officer belonging to the Board of Commissioners of said District to act as assistant to said Engineer Commissioner in the discharge of the special duties imposed upon him by the provisions of this act. (28 Stat., 236.) (See joint resolution following clause I, section 2, fur further duties of these assistants. ) Section 6. 1. That from and after the first da}' of July, eighteen hundred and seventy-eight, the Board of Metropolitan Police and the Board of School Trustees shall be abolished; and all the powers and duties now exercised by them shall be transferred to the said Commissioners of the District of Columbia, who shall have authority to employ such 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 Columbia shall from time to time appoint nineteen persons, actual residents of said District 12(3 GOVERNMENT OF THE DISTRICT OF COLUMBIA. of Columbia, to constitute the trustees of Public Schools of said Dis- trict, who shall serve without compensation i\nd /'or hucJi fenns as said Commissioners shall fx. Said trustees shall have the powers and per- form the duties in relation to the care and management of the Public Schools which are now authorized by law. Complete jurisdiction over the pu})lic schools of tho District of Columbia is vested in a Board of Education, consisting of nine niem])ers, three of whom shall be women, appointed by the supreme court of said District. (34Stat.,pt. 1,316.) (Seealsop. 181.) Section 7. That the offices of sinking-fund commissioners are hereby abolished; and all duties and powers possessed by said commissioners are trans- ferred to, and shall be exercised b\^, the Treasurer of the United States, who shall perform the same in accordance with the provisions of existing laws. Sinking fund and interest: Treasurer niay invest in any District bonds he may deem most advantageous, vol. 22, p. 470. Appropriations for sinking fund and interest shall )>e drawn only on requisition of Treasurer U. S., vol. 22, p. 470. Hereafter any amount appropriated for any fiscal year may be consolidated with the unexpended balances of appropriations for interest and sinking fund for the years preceding, vol. 23, p. 131. Treasurer U. S. shall redeem Board of Audit certificates, vol. 21, p. 286. Treasurer U. S. shall pay judgments of Court of Claims with 3-65 bonds or pro- ceeds thereof, vol. 21, p. 466. Any excess sums hereby or hereafter appropriated for the sinking fund over and above the amount required for the payment of the inter- est on the funded debt of the District of Columbia shall l)e applied by the Treasury of the United States to the purchase and redemption of the bonds of the District of Columbia: Provided^ That should the Treasurer of the United States at any time be unable to secure bonds of the District of Columbia at a price which he ma}' deem advantageous, he is hereby authorized to invest the amount available for the said sinking fund in })oiids of the United States, the bonds so purchased to be registered in the name of the Treasurer of the United States, trustee for the sinking fund of the District of Columbia, and it shall be the dut}'^ of the Treas- urer of the United States to collect the interest, when due on the bonds so held, and to invest the same for account of said sinking fund: Provided further, That the Treasurer of the United States is hereby authorized, by exchange or by sale and reinvestment, to substitute bonds of 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 Board of Health now authorized by law, the Commissioners of the District of Columbia shall appoint a physician GOVERNMENT OF THE DISTJRICT OF COLUMBIA. 127 as Health Officer, whose duty it shall be, under the direction of the said Commissioners, to execute and enforce all laws and regulations relating to the public health and vital statistics, and to perform all such duties as may be assigned to him by said commissioners; and the Board of Health now existing shall, from the date of the appointment of said Health Officer, be abolished. Section 9. 1. That there may be appointed by the Commissioners of the Dis- trict of Columbia, on the recommendation of the Health Officer, a reasonable number of sanitar}^ inspectors for said District, not exceed- ing six, to hold such appointment at any one time, of whom two may be 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 be respectivel}" required to make, at least oncfe in two weeks, a report to said Health Ofiicer,-in writing, of their inspections, which shall be preserved on file; 3. And said Health Officer shall report in writing annually to said Commissioners of the District of Columbia, and so much oftener as thej" shall require. Section 10. That the Commissioners may appoint, on the like recommendation of the Health Officer, a reasonable number of clerks, but no greater number shall be appointed, and no more persons shall be employed under said Health Officer, than the public interests demand and. the appropriation shall justify. Section 11. 1. That the salary of the Health Officer shall be three thousand dol- lars per annum (now $4,000); 2. And the salar}^ of the sanitary inspectors shall not exceed the sum of one thousand two hundred dollars per annum each; 3. And the salary of the clerks and other assistants of the Health Officer shall not exceed in the aggregate the amount of seven thousand dollars, to be apportioned as the Commissioners of the District of Columbia may deem best. (This has been much increased by annual appropriations by Congress.) 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 opin- ion are necessary for the harmonious working of the system hereby 74986—09 9 128 GOVERNMENT OF THE DISTRICT OF COLUMBIA. adopted, and for the eflfectual and proper government of the District of Columbia; (The required compilation was submitted to Congress, but never acted upon by that body. ) By act of March 2, 1889, the compilation of a code of laws was provided for, vol. 25, p. 872. W. Stone Abert was employed to do the work, and the distribu- tion of the code prepared by him was ordered by act of March 2, 1895, vol. 28, p. 759. 2. And said Commissioners shall annually report their official doings in detail to Congress on or before the first Monday of December. Section 13. 1. That there shall be no increase of the present amount of the total indebtedness of the District of Columbia; Three-sixty-five bonds limited to $15,000,000, vol. 21, p. 286. 2. And any officer or person who shall knowingly increase, or aid or abet in increasing, such total indebtedness, except to the amount of the two hundred thousand dollars, as authorized by this act, shall be deemed guilty of a high misdemeanor, and, on conviction thereof, shall be punished by imprisonment not exceeding ten years', and by fine not exceeding ten thousand dollars. Section 14. 1. That the term "school houses" in the act of June seventeenth, eighteen hundred and seventy, chapter thirty, was intended to embrace all collegiate establishments actually used for educational purposes, and not for private gain. (See Exemptions of real property, p. 147.) 2. And that all taxes heretofore imposed upon such establishments, in the District of Columbia, since the date of said act are hereby remitted, and where the same or any part thereof has been paid, the sum so paid shall be refunded, (lb.) 3. But if any portion of any said building, house, or grounds in terms excepted is used to secure a rent or income, or for any business purpose, such portion of the same, or a sum equal in value to such portion, shall be taxed. (lb.) Section 15. That all laws inconsistent with the provisions of this act be, and the same are hereby, repealed. Approved June 11, 1878.. Appendix 20. AN ACT for laying out and erecting a Town on Potomac River, above the [mouth of Rock .Creek, in Frederick County. Passed 8th June, 1751.] Whereas several inhabitants of Frederick County, by their humble petition to this General Assembly, have set forth, that there is a con- venient place for a town on Potomac River, above the mouth of liock GOVERNMENT OF THE DISTRICT OF COLUMBIA. 129 Creek, adjacent to the inspection-house in the Countj^ aforesaid, and prayed, that sixt}^ acres of land ma}^ be there laid out and erected into a town: 2. Be it therefore enacted^ hy the right honorable the Lord Prietary^ hy and with the advice and consent of his Lordship's Governor, and the Upjper and Lower Houses of Assembly^ and the authority of the sanie^ That Captain Henry Wright Crabb, Master John Needham, Master John Clagett, Master James Perrie, Master Samuel Magruder the Third, Master Josias Bealle, and Master David Lynn, shall be, and are hereby, appointed commissioners for Frederick County aforesaid, and are hereb}^ authorized and empowered, as well to buy and pur- chase sixty acres, part of the tracts of land belonging to Messrs, George Gordon and George Bell, at .the place aforesaid, where it shall appear to them, or the major part of them, to be most convenient as to sur- ve}^ and lay out, or cause the same to be surveyed and laid out, in the best and most convenient manner, into eighty lots, to be erected into a town. 3. And he it further enacted, hy the authority, advice, arid consent aforesaid, That the commissioners aforesaid before nominated and appointed, or the major part of them, are hereby empowered and required, at some time by them, or the major part of them, to be appointed, before the first day of October next, to meet together on the land aforesaid, or at some other place near and convenient thereto, and then and there treat and agree (if the same can be done on reason- able terms,) with the owner or owners, and person or persons interested in the same sixty acres of land, for the purchase thereof; and if it shall happen that the said owner or owners, person or persons, will not agree with the said commissioners for such rate or price as they the said commissioners, or the major part of them, shall think reason- able, or shall refuse to make sale of the same, or that through non-age, coverture, or any other disability or impediment, shall be disabled to make such sale, that then and in any such case the commissioners aforesaid, or the major part of them, shall and are hereby empowered and required, to issue a warrant, under their hands and seals, directed to the sherifi' or coroner of Frederick County aforesaid for the time being, commanding him to summon and impannel a jury of seventeen good and lawful men, freeholders of his bailiwick, to be and appear at the day and place in such warrant to be mentioned, which sheriff is hereby required and obliged to execute the same; and that jury, being by the said commissioners charged and sworn, shall, upon their oath, inquire, assess, and return, what damages or recompence they shall think tit to be paid and given to such owner or owners, person or per- sons, for the sixty acres of land aforesaid, and that whatever sum or sums of money such jury shall so assess and award, shall and is hereby declared to be the value and price to be paid to such owner or owners, 130 GOVERNMENT OF THE DISTRICT OF COLUMBIA. person or persons, interested in the sixty acres of land aforesaid; but if the said jury shall assess and value the said land at a less price than fifty shillings current money for each acre, then in such case the pur- chaser or purchasers of such land shall pay such further sum, over and above what shall be the valuation of the said jury, as shall make up the full sum of fifty shillings like money as aforesaid for every acre, to be paid to sucn proprietor or proprietors as aforesaid. 4. And he it furiher enacted, hy the authority^ advice^ and consent aforesaid, That after the agreement and, purchase of the commission- ers aforesaid, or after the assessment and return of the jury aforesaid, as the case shall happen, the aforesaid coinmissioners, or the major part of them, shall and are hereb}- required to cause the same sixty acres of land to be carefully surveyed, divided and laid out, by the surveyor of the county aforesaid, or such other person as they, or the major part of them, shall make choice of and appoint for that pur- pose, as near as conveniently may be, into eighty equal lots, allowing such sufficient space or quantity thereof for streets, lanes, and alleys, as to them shall seem meet, and the same lots, so laid out, shall num- ber with numbers, one, two, and three, and so to eighty, for distin- guishing each lot from the other; and shall cause the streets, lanes, and allej's, to be named and distinguished bj^ (certain names, and by good sufficient cedar or locust posts, to be set up as a boundary to each of them. 5. And he it further enacted, hy the aiitJiority^ adrlcc, and consent aforesaid. That the commissioners, or the major part of them, shall and are hereby required to assess, set, and ascertain the price to be paid for each of the lots aforesaid, according to the value, conveniency, and situation thereof, so always that the prices of all the said lots, added together, may amount to the sum b}^ them agreed for, or awarded by the jury, for the aforesaid sixty acres of land, and no more; and the aforesaid sixty acres of land being so surveyed, laid out and divided, shall be, and is hereby, erected into a town, and shall be called by the name of Georgetown. 6. And he it further enacted, That the owner or owners of the afore- said land shall and may have his, her, or their choice of any of the two lots aforesaid, to be by him, her. or them, retained for his, her, or their proper use, provided such choice shall be made and declared to the conmiissioners aforesaid, or the major part of them, within ten days after the survey aforesaid shall be made and completed, and not other- wise; and that after such choice is made, or in case no such choice shall be made within the ten days aforesaid, then after the expiration of the same ten da^'s, all persons whatsoever shall be at liberty to take up and purchase the same lots, paying the owner or owners aforesaid, or others therein interested, the price or value thereof, so as afore- said set and assessed by the commissioners aforesaid; and that every GOVERNMENT OF THE DISTRICT OF COLUMBIA. 131 person who shall pay as aforesaid the price of the lot by him or her so taken up or chosen, or shall prove to the satisfaction of the said commissioners, or the major part of them, that he or she had tendered or offered to pa}^ the said price to the owner or owners aforesaid, and that such owner had refused to accept or receive the same, and an entry of such payment or tender and refusal being' made according to the directions hereafter mentioned, such person shall and is hereby declared to be, by virtue of such payment or tender and refusal, and entr}^ thereof made as aforesaid, and this act, full}^ and absolutely invested and seized of and in an estate of inheritance in fee simple of and in such lot, to him or her, and his or her heirs and assigns for- ever, without an}' deed, conveyance, or other transfer, from such owner or owners for the same, any statute, law, usage, or custom, to the contrary notwithstanding. 7. Provided always^ That it shall not be lawful for any person to take up, enjoy, have, or possess, more than one of the same lots, within twelve months after the same are divided and laid out as aforesaid; provided, also, that all and every the person and persons aforesaid so taking up the lots aforesaid, or any of them, shall and are hereby obliged and required, within two years after they shall take up their respective lots as aforesaid, and entry thereof made as aforesaid, to erect, build, and linisli thereon, one good and substantial house that shall cover four hundred square feet of ground at the least, and that it be made in ever}^ respect tenantable, with one good brick or stone chimney thereto; and that all and every of such taker or takers up, who shall neglect to build as aforesaid on their respective lots afore- said, within the time herein for that purpose 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 subject to be again taken up by any other person whatsoever, which second taker up, paying to the commissioners 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 requisites before mentioned are herein before declared to have, and so, toties quoties, until the same lots shall be built on and improved as aforesaid. 8. And he it further tuacted^ That the money aforesaid directed to be paid to the commissioners aforesaid, for the lots not built on and improved by the first or other takers up within the time herein limited, shall and is hereby directed to be applied to such purposes, for the use and benefit of the said town, as to the said commissioners, or the major part of them, shall seem meet. 132 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 9. And he it further enacted^ hy the authority aforesaid^ That the surveyor of the county aforesaid, or any other person whom the com- missioners aforesaid, or the major part of them, shall appoint 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 b}' their respective numbers and names, and the same plot, with a full and plain certificate thereof, 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 afore^id, and making the plot aforesaid, the sum of one thousand pounds of tobacco, to be paid and allowed in the county lev3% and no more. 10. And he it further' enacted^ hy the authority aforesaid^ That the commissioners aforesaid, or the major part of them, shall and are hereby 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 obliged to find and provide a good well bound book, for registering and entering the proceedings of the said conmiissioners in the premises, and shall duly and faith- fully register and enter in such book the certificate of the survey aforesaid, the prices of each respective lot, the name of the owner, and the time of its being 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 about 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 he it further 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 be done by virtue of this act, to be paid by the several persons taking up the lots aforesaid. 12. And whereas it may be advantageous to the said town to have fairs kept therein, and may prove an encouragement to the back inhab- itants, and others, to bring commodities there to sell and vend. Be it enacted, That it shall and may be lawful for the commissioner.s of the said town to appomt two fairs to be held therein annually, the one fair to begin on the second Thursday in Apriland the other on the first Thurs- day m October, annually; which said fairs shall be held each for the space of three days, and that during the contiiuiance 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 before the fair, and one day on their return therefrom; and the commissioners for the said town are hereby empow- ered to make such rules and orders for the holding the said fairs, as ma}^ 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, any 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 the major part of them, from time to time, and at all times, shall have power to remove all nuisances that they shall find in any of the streets or alleys 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 commissioners or inhabitants of the said town to elect or choose delegates or burgesses, to sit in the gen- eral assembly of this province as representatives of the said town; Bxit it is hereby enacted^ That the commissioners or the inhabitants of the said town shall not elect or choose any delegate or delegates, burgess or burgesses, to represent the said town in any general assembly of this province. 14. And he it further enacted^ That when and as often as any of the commissioners aforesaid shall die, or remove from the county 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 any of them, shall be, and are nereby, obliged to pay unto the right honorable the lord proprietary, his heirs or successors, the yearly rent of one penny sterling money for each respective lot by 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Appendix 21. AN ACT for an addition to Georgetown, in Montgomery County. [Passed 2Hth Deceml)er, 1783.] Whereas Thomas Beall, son of George, of Montgomer}' county, by his humble petition to this g-encral assembh^ hath set forth, that ho is seized and possessed of part of a tract of land, called and knowii by the name of the Rock of Dumbarton, adjoining Georgetown, contain- ing sixty-one acres, which he is desirous of annexing to said town, and therefore prayed that a law might pass for that purpose; and it appear- ing to this general assembly, that to extend and enlarge the limits of said town will greatly contribute to promote the trade and commerce thereof: 2. Be it enacted hy the General Assemhly of Maryland^ That Messieurs John Murdock, Richard Thompson, William Deakins, Thomas Rich- ardson, and Charles Beatty, be commissioners of Georgetown, or the major part of them, be authorized and required, at any time before the first day of August next, to cause the* aforesaid parcel of land, or such part thereof as they may think necessary, to be surve3^ed and laid out into lots, streets, lanes, and alleys, at the proper cost and expense of the said Thomas Beall, in such manner as to the said com- missioners, or a major part of them, shall appear convenient. 3. And he it enacted, That the commissioners aforesaid, or a maj or part of them, shall, on or before the said first daj" of August next, cause a correct and accurate survey and plot to be made of the said land, and of all the lots, streets, lanes and alleys, which shall be laid out in virtue of this act; and the said plot shall be recorded amongst the records of the said county, as soon as conveniently may be thereafter, there to remain as evidence of the boundaries, situation, and k)cation of the said lots, and of the streets, lanes, and alleys; which said streets, lanes, and alleys, hereafter to be laid out in pursuance of this act, shall be highways, and be so deemed and taken to all intents and purposes whatsoever; and when the same shall be done, the said land, so sur- ve3'ed and laid out, shall be, and is hereb}^ declared to be, part of Georgetown, as fully and amply, as if originally included therein, and shall have the same immunities and privileges as the rest of the said town hath, or by former laws ought to have; saving to the state of Maryland, and all bodies politic and corporate, and all persons not mentioned in this act, their several and respective rights. Appendix 22. AN ACT for an addition to (ieorgetown, in Montgoniory County. [Passed 22d .January, 17S5.] Whereas Robert Peters, William Deakins, junior, Charles Beatty, and John Threlkeld, of Georgetown, by their humble petition 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 Georgetown, twenty acres and eighteen thirty seconds of an acre of ground, being part of the following tracts of land, to wit: one acre and twenty-six thirty seconds of an acre, part of a tract of land called Frogland, the property of the aforesaid Charles Beatty, two acres and one thirty second of an acre, part of a tract of land called Discoyery, the property of the aforesaid Robert Peters, thirteen acres and twenty-nine thirty seconds of an acre, part of a tract of land called Conjuror's Disappointment, the property of the aforesaid AVil- liam Deakins, junior, and three acres twenty-six thirty seconds of an acre, part of a tract of lands called the Resurvey on Salop, the prop- erty of the aforesaid John Threlkeld, into sixty-live lots, and a sufficient number of streets, as appears by the plot of the actual survey thereof, made b}^ the said Francis Deakins on the first day of September, in the year of our Lord one thousand seven hundred and eighty-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 survey and plot aforesaid, and granting to those who shall be proprietors of the lots fronting on the north side of Water-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 any buildings thereon, and vesting a power in the commissioners of Georgetown to improve, by wharves 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. Be it enacted hy the General Assernhly 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 year of our Lord one thousand seven hundred and eighty -four, be, and the}'' are hereby declared to be, part of Georgetown aforesaid, and shall have, possess, be entitled to, and enjoy, 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 by 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. 3. And he it further enacted^ That the proprietors of the lots fronting on the north side of Water-street, shall have and enjo}^ the exclusive right to the ground and water on the south side of their respective lots, for the sole purpose of making wharves, but they shall not be allowed to erect any buildings on the wharves so to be made by them. 4. And he it further enacted. That it shall and maj^be lawful for the commissioners of Georgetown, 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 public 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 same. 5. And he it further enacted. That for the safe keeping and preser- vation of the said plot of the said addition to Georgetown, the same shall be deposited with the commissioners of the said town, who are hereby directed to receive the said plot, and take care thereof. Appendix 23. AN ACT to incorporate Georgetown, in Montgomery County. [Passed 25th Decem- ber, 1789.] Be it enacted hy the General Assemhly of Ma7'yJand, That George- town, in Montgomery county, shall be, and hereby is, erected, consti- tuted, and made, an incorporate town, consisting of a mayor, recorder, six aldermen, and ten other persons to be common councilmen of the said town, which said mayor, recorder, aldermen, and common council- men, shall be a bod}" incorporate and one community forever, in right and by the name of the Mayor Recorder, Aldermen, and Common Council, of the said town, and shall be able and capable to sue and be sued at law, and to act and execute, do and perform, as a body incorporate, which shall have succession forever, and to that end to have a common seal, and the same to change and alter at their pleasure; and Robert Peter, Esquire, one of the inhabitants of the said town, shall for the present be, and hereb}- is appointed mayor of the said town for the next 3'ear, to commence on the fifth day of January next; and John Mackall Gantt, Esquire, shall be, and hereby is, appointed recorder of the said town; and Brooke Beall, Bernard On(>aIe, 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 thej^ shall well behave themselves therein. 2. And he it enacted^ That all free men above twenty-one years of age, and having visible property within the state above the value of aOVERNMENT OF THE DISTRICT OF COLUMBIA. 137 thirty pounds current raonej', and having resided in the said town one whole year next before the first day of January 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 appoint, and when assembled, they shall proceed to elect, viva voce^ ten per- sons, residents of the said town one whole year next before the said first day of January next, above twentj'^-one years of age, and having visi- ble property 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 mayor, recorder and aldermen, or any three or more of them, shall be judges of the said election, and the ten persons who shall have 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 mayor, recorder, aldermen and common council, shall assem- ble at some convenient place in the said town upon the first Monday in January, seventeen hundred and ninety -one, and on the same day for ever thereafter, and shall elect, b}' the majoritj^ 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 mayor, or of the recorder or any aldermen of the said town, and within one year 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, by a majoritj' of votes, some other person or persons to be mayor, 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 be elected, be at the time of such election actually one of the aldermen of the said town,* and so as the said recorder, so to be elected, be 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 alderman, the vacancy shall be filled up b}^ 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 a 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 THE 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 b^' law to be taken b}' justices of the peace. 5. And he it enacted^ That the said mayor, recorder, and aldermen, hereby appointed, or hereafter to be elected, or any three or more of them, shall have 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 town. 6. And, he it enacted. That the said mayor, recorder, aldermen, and common council, of the said town, for the time being, shall have full power and authority to make such by-laws for the regulation and good government of the said town and precincts, and the inhabitants thereof, and to restrain all disorders and disturbances, and to prevent all nui- sances, inconveniences, and annoyances, within the said town and its precincts, and other matters, exigencies, and things, within the said town and precincts, as to them, or a major part of them, shall seem meet and consonant to reason, and not contrary to the constitution and laws of this state; and the said by-laws shall be observed, kept, and performed, by all the inhabitants of the said town and its precincts, and all persons trading therein, under such reasonable penalties, fines, and forfeitures, as shall be imposed by the said by-laws, not exceeding seven pounds ten shillings current mone}', or twenty dollars; the said penalties, fines, or forfeitures, to be levied b}' distress and sale of the goods, or execution of the person so offending, and applied to the use of the said town. 7. And, to defray the expenses of the said corporation, Be it enacted. That it shall be lawful for the said mayor, recorder, aldermen, and common council, of the said town, by by-laws made for the purpose, to impose any sum, not exceeding two shillings and six-pence" current money in any one 3^ear, on every hundred pound of property within the said town. 8. And he it enacted. 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 made, 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 town and the additions « Increased to seven shillings and six-pence by 1797, ch. 56. By 1799, ch. 85, they may oblige persons licensed as ordinary-keepers or retailers within the corporation, to pay a sum not exceeding five dollars to the corporation The mayor's court to have the sole power of granting such licences, and to receive the sums due therefor to the state, in addition to those imposed by them, for the pay- ment e carried on regular tax rolls and collected in manner provided for collection of other taxes. (30 Stat., 924.) ASSESSMENTS FOR REMOVAL OF WEEDS. The expense of removal, by the District of Columbia, of weeds of 4 inches or more in height from unoccupied land in the city of Wash- ington or its more densely populated suburbs, upon failure or neglect of owner to perform such work, shall be assessed against the property on which such weeds were located, and said assessments shall bear interest at rate of 10 per cent per annum until paid, shall be carried on regular tax rolls of the District, and paid in manner provided for col- lection of general taxes. (30 Stat., 959.) ASSESSMENTS FOR DRAINING LOTS. In case owner or owners of lots, after due notice, fail or neglect to connect such lots with water mains and sewers, as required by law, the Commissioners shall cause such connections to be made, the expense to be paid out of the emergency fimd, such expense, with necessary costs of advertising, to be assessed as a tax against such lots, wliich tax shall be carried on regluar tax rolls and be collected in manner pro- vided for collection of other taxes. (29 Stat., 126.) The Commissioners are also authorized to make such connections upon any street or avenue about to be paved or otherwise improved before any such pavement or other permanent works are put down, the costs of such connections to be assessed as explained above. (20 Stat., ,107; 28 Stat., 144; 29 Stat., 126.) SPECIAL POLICEMEN AT STREET-RAILWAY CROSSINGS. The Commissioners are authorized and required to station special policemen at such street-railway crossings and intersections in the city of Washington as they may deem necessary, the expense of such serv- ices to be paid pro rata by the respective railway companies. (30 Stat., 489.) 74986—09 1 1 160 GOVERNMENT OF THE DISTRICT OF COLUMBIA. ASSESSMENTS FOR CLEANING OF OFFENSIVE CESSPOOLS. For cleaning offensive cesspools, by the District of Columbia, in cases where owners or other responsible parties fail or neglect to per- form such work, after due notice, the Commissioners are authorized to assess the cost thereof as a tax against the property benefited, which tax shall be carried on the regular tax roll and collected in the manner provided for collection of other taxes. (30 Stat., 233.) LIGHTING TRACKS OF STEAM RAILWAY COMt'ANIES. All railway companies using engines propelled by steam must pay the District of Columl)ia for the lighting of the streets, avenues, lands, and grounds through which their tracks may be laid. In case of default of such payment, actions at law may be maintained by the District of Columbia against said railway comi)anies. (22 Stat., 4G6.) COSTS OF ERECTION OP FIRE ESC.VPES. If the owners, proprietors, lessees, or trustees of buildings used as factories, manufactories, tenement houses, seminaries, colleges, academies, hospitals, or asylums, fail to provide such buildings with fire escapes, standpipes, ladders, lights, and alarm gongs, as required by law, after due notice from the Commissioners, such fire escapes, etc., must be erected by the Commissioners, and- the costs thereof assessed as a tax against the building on which they are erected and the ground ujjon wliich the same stands, and the Commissioners shall issue tax-lien certificates against such buildings and grounds for the amount of such assessment, bearing interest at rate of 10 per cent per annum, which certificates may be turned over by the Commissioners to the contractor for performing the work. (28 Stat., 810.) ASSESSMENTS FOR REMOVING SNOW, ICE, DIRT, ETC. In case the owner or tenant of any house, lot, building, or land shall neglect to cause to be removed snow, ice, sand, dirt, gravel, etc., from paved sidewalks adjacent to said property, as required by law, the Commissioners shall cause removal of same, the costs of which shall be assessed as a tax against the propert}^ to which the sidewalks in question belong, and the said tax so assessed shall be carried on the regular tax roll and collected in manner provided for collection of other taxes. (28 Stat., 809.) ASSESSMENTS FOR PAVING STREETS ADJACENT TO STREET-RAILWAY TRACKS. When an}' street or avenue through which a street railway runs shall be paved, such railway companies shall bear all of the expense for that portion of the work lying between the exterior rails of the tracks of such roads and for a distance of 2 feet from and exterior to such tracks, on each side thereof, and of keeping the same in repair; and when GOVERNMENT OF THE DISTRICT OF COLUMBIA. 161 street railways cross any street or avenue the pavement between the tracks of such railway shall, at the expense of the company own- ing the tracks, be made to conform to the pavement used upon such street or avenue. If any street-railway company shall neglect or refuse to perform the work required, said pavement shall be laid by the District of Columbia and the costs collected from such company by issuing certificates of indebtedness against the property, real or personal, of such railway company, which certificates shall bear inter- est at the rate of 10 per cent per annum until paid, and which, until paid, shall remain a lien upon the property on or against which they are issued, together with the franchise of said company; and if such certificates are not paid within one year the Commissioners may pro- ceed to sell the property against which they are issued, or so much thereof as may be necessary to pay the amount due, such sale to be first advertised daily for one week in some newspaper published in the city of Washington, and to be at public auction, to the highest bidder. (20 Stat., 106.) TAXATION OP PERSONAL PROPERTY. The board of personal tax appraisers consists of the assessor, chair- man, and the two members of the board of assistant assessors detailed to that duty as hereinbefore explained. (28 Stat., 282, and 32 Stat., pt. 1, 617.) The assessor is required to annually cause to be prepared a printed blank schedule of all tangible personal property and of general mer- chandise, stock in trade, owned or held in trust, or otherwise, subject to taxation, and of the classes of corporations and companies to be assessed, together with the rate of tax prescribed, to which shall be appended an affidavit in blank, setting forth that the return presents a full and true statement of all such personal property, taxable capital, or other basis of assessment, or either, as the case may be. When said schedule is ready for delivery, notice thereof must be given by the assessor by advertisement for three successive secular days in one or more of the daily newspapers pubUshed in the District of Columbia, and a copy of said schedule must be delivered to any citizen applying therefor at the office of the assessor. These schedules must be filled out and sworn to, and returned to the office of the assessor within thirty days after the last publication of advertisement. The members of the board of personal tax appraisers are authorized to administer, without charge, oaths for tliis purpose. For failure to make return witliin specified time, 20 per cent of assessed valuation of personal property is added. Upon the filing of these returns the two members of the boa 'd of assistant assessors designated by the assessor to assess personal prop- erty must, under the direction and supervision of the assessor, assess 162 GOVERNMENT OF THE DISTRICT OF COLUMBIA. personal property. If the board of personal tax appraisers is not satisfied as to the correctness of any return of personal propertj^ they may reject the same, and said board, or any one of the members thereof, may, fi'om the best information he or they can procure, by making such an examination of the personal property as may be practicable, assess the same in such amount as may to liim or them seem just, and notice of the rejection of the return shall be given to the party interested by leaving the same at the address given in said return. " (32 Stat., pt.' 1, 617, 618.) In all cases, however, there is the right of appeal to the board of personal tax appeals, hereinafter referred to, within fifteen days after delivery of said notice of rejection. Any person making a false affi- davit as to taxation of personal property is deemed guilty of perjury, and upon conviction is subject to the penalties provided for that offense. (lb., 618.) If the personal-tax appraisers fail to complete any of the duties required by law to be performed by them within the time specified, the taxation based upon the same is not, by reason thereof, invalid, but the appraisers must proceed with all reasonable diligence to com- plete such duties, and their acts are vaHd as if performed within the time provided therefor. (lb., 620.) If at any time within any current year property 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. (lb.) BOARD OF PERSONAL-TAX APPEALS. The board of five (28 Stat., 282, and 32 Stat., pt. 1, 617) assist- ant assessors, with the assessor as chairman, compose a board of per- sonal-tax appeals, which must convene in a place provided therefor by the assessor, on the first Monday in February of each year, pubHc notice of the time and place of such meeting having been given by advertisement for two consecutive secular days in two daily news- papers published in the District of Columbia. It is the duty of this board, between the day of convening to and including the second Monday in March of each year (33 Stat.,pt. 1, 563), to hear all appeals made by any person or persons against the assessments made by the board of personal-tax appraisers, and to impartially equalize the valuation of said personal property as the basis for assessment. Any four members of said board shall constitute a quorum for busi- ness, and in the absence of the assessor a temporary chairman may be chosen. The board is empowered to diminish or increase such assess- ments as they may beheve to have been returned at other than their GOVERNMENT OF THE DISTRICT OF COLUMBIA. 163 true value to such amount as in their opinion may be the vaKie thereof, and the action of the board in such cases is final. (32 Stat., pt. 1, 620.) DISTRAINT AND SALE. When the taxes on personal property due and payable in each year shall not be paid on or before the 1st of June, the collector of taxes or liis deputy may distrain sufficient goods and chattels found wdtliin the District of Columbia and belonging to the person charged with such tax to pay the taxes remaining due, together with the penalty thereon, and the costs that may accrue ; and for want of such goods and chattels said collector of taxes may levy upon and sell at auction the estate and interest of such person in any parcel of land in said District; and in the case of the levy on any estate or interest in land the proceedings subse- quent to sale thereof are the same as provided by law in the case of sales for arrears of taxes against real estate; and in case of distraint of personal property or the levy upon real estate, as aforesaid, the col- lector of taxes must immediately proceed to advertise the same by public notice, to be posted in the office of said collector, and by adver- tisement three times within one week, in one or more of the daily news- papers published in said District, stating the time when and the place where such property will be sold, the last publication to be at least six days before the date of sale, and if the said taxes and penalty thereon, and the costs and expenses which shall have accrued thereon, shall not be paid before tlie day fixed for such sale, which must not be less than ten days after said levy or taking of said property, the collector nuist proceed to sell at public auction in his office to the highest bidder such property, or so much thereof as may be needed to pay such taxes, penalties, and accrued costs and expenses of such distraint and sale. Said collector must report in detail in writing every distraint and sale of personal property to the Commissioners of the District of Colum- bia, or their successors in office, and his accounts in respect to every such distraint or sale must forthwith be submitted to the auditor of the District of Columbia and be audited by him. Any surplus result- ing from such sale over and above such taxes, costs, and expenses must be paid into the Treasury, and upon being claimed by the owner or owners of the goods and chattels aforesaid must be paid to him or them upon the certificate of the collector of taxes stating in full the amount of such excess. (lb., 621.) RATE OF TAXATION ON PERSONAL 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 H per cent on the assessed value thereof. (lb., 618.) 164 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The taxes for private banks and bankers, general brokers, and note brokers date from tlie 1st day of July in each year and expire on the 30th day of June following. Said taxes date from the first day of the' month in which the liability begins, and payment must be made for a proportionate amount. (32 Stat., pt. 1, 621.) EXEMPTIONS OF PERSONAL PROPERTY. The following personal property is exempt from taxation: The personal properly of all library, benevolent, charitable, and scientific institutions incorporated under the laws of the United States or of the District of Columbia and not conducted for private gain. Libraries, schoolbooks, wearing apparel, articles of personal adorn- ment, all family portraits, and heirlooms. Household and other belongings, not held for sale, to the value of $1,000, owned by the occupant of any dwelling house or other place of abode, in which such household and other belongings may be located. (lb., 620.) Personal property of foreign legations. PENALTY FOR VIOLATION OF LAW. Any person violating any of the provisions of the personal-tax law is liable to a penalty of not exceeding $500 for each offense, such penalty to be imposed upon conviction in the police court of the Dis- trict as other fines and penalties are imposed, and in default of pay- ment of such penalty the person or persons so convicted shall be imprisoned, in the discretion of the court, not exceeding six months, (lb., 622.) LICENSES. All licenses are issued by the assessor, over his hand and official seal. No person is permitted to carry on any business, trade, profession, or calling, for which a license is imposed, without having first obtained such license. Appfications for licenses must be made to the assessor, and no license can be granted until payment for the same shall have been made. Each license must specify the name of the person to whom issued, the business, trade, profession, calling, etc., for which it is granted, and the location at which such business is to be carried on. Licenses may be assigned or transferred upon application, under the terms and conditions applicable to the original granting of the same, and the assessor must issue a certificate of such transfer upon payment of a fee of 50 cents. When more than one business, trade, profession, calling, etc., for which a license is prescribed, shall be car- rieil on by the same person, a license must be obtained for each such business, etc. Licenses are good only for the location designated thereon, and no license can be issued for more than one place of busi- ness without payment of separate tax for each. All licenses date from GOVERNMENT OF THE DISTRICT OP COLUMBIA. 165 the 1st of November and expire on the 31st of October following, except those speciallj'^ designated in the following list. Licenses issued at any time after beginning of license year date from first day of month of issue and end the last day of license year, payment being made for proportionate amount of license tax. In cases where license is less than $5 per annum they terminate one year from first day of month of issue. No one holding a license is permitted to allow any other person charged with a separate license to operate under his license. All licenses must be conspicuously posted on premises of the licensee, and be accessible at all times for inspection by police offi- cers or others authorized in that respect. Licensees having no located place of business must exhibit their licenses when requested to do so by proper authorities. Applications for licenses for hotels and theaters must have written approval of inspector of buildings and chief of fire department. Any license issued to proprietor of a theater or other public place of amusement may be terminated by the Commissioners whenever it shall appear to them that after due notice the person holding such license shall have failed to comply with such regulations as may be prescribed by the Commissioners for the public decency. (Act of March 1, 1901.) Proprietors of hotels can not obtain a license for less than $30 per annum. An act to prevent fraudulent transactions on the part of commission merchants, approved March 21, 1892, is made applicable to auction- eers, their agents, and employees. Drivers of licensed passenger vehicles, while transacting such busi- ness, must wear upon their breasts a badge numbered to correspond with license of his vehicle, such badge being furnished by District of Columbia upon payment of fee of 50 cents. In addition to license for proprietors of livery stables, they must obtain licenses for any vehicles owned by them occupying public stands. The Commissioners must approve applications for licenses for vehi- cles for transportation of passengers operated over a definite route. Dealers in general merchandise of every description must pay IJ per cent on their average stock in trade for the preceding year. It is unlawful for any person or persons entering the District of Columbia subsequent to June 30 in each year and establishing a place of business for the sale of goods, wares, or merchandise, either at private sale or at auction, to conduct such business until a sworn state- ment of the value of said stock has been filed with the assessor of the District of Columbia, who shall thereupon render a bill for the unex- pired portion of the fiscal year at the same rate as other personal taxes are levied. The assessor is authorized to reassess said stock whenever 166 GOVERNMENT OF THE DISTRICT OF COLUMBIA. in his judgment it has been undervalued. The goods, wares, and mer- chandise of any person or persons who shall fail to pay the tax required within three days after beginning business are subject to distraint, and the assessor must place bills therefor in the hands of the collector of taxes, who must seize sufficient of the goods of the delinquent to satisfy said tax. The owner, however, has the right of redemption within thirty days on payment of said tax, to which must be added a penalty of 1 per cent, together with the costs of seizure. The col- lector must sell such goods as are not redeemed at public auction after advertisement for three days preceding said sale. Hotel companies and the proprietors of hotels are required to pay 1^ per cent on the assessed value of their furniture. Each national bank, as the trustee for its stockholders, through its president or cashier, and all other incorporated banks and trust com- panies in the District of Columbia, through their presidents or cash- iers, and all gas, electric lighting, and telephone companies, through their proper officers, must make affidavit to the board of personal-tax appraisers on or before the 1st day 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, 6 per cent; each gas company, 5 per cent; each electric lighting and telephone company, 4 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 as other real estate in said District. Street railroad companies pay 4 per cent per annum on their gross receipts and other taxes. Insurance companies pay 1 h per cent on premium receipts. All companies who guaranty the fidelity of any individual or indi- viduals, such as bonding companies, pay li per cent of their gross receipts in the District of Columbia. Savings banks having no capital stock and paying interest to their depositors must, through their president or cashier, make affidavit to the board of personal- tax appraisers on or before the 1st day of August in each year as to the amount of their surplus and undivided profits, and pay a sum equal to H per cent on the amount of their surplus and undivided profits on the 3()th day of June preceding. The capital stock of all corporations other than those herein provided for, organized in the District of Columbia or under the laws of any of the States or Territories of the United States, chiefly for the purpose of, and transacting business within, the District of Columbia, except those exempted by the laws relating to the District of Columbia, is appraised in bulk at its fair cash value by the board of personal-tax appraisers, and the corporation issuing the same is liable for the tax GOVERNMENT OF THE DISTRICT OF COLUMBIA. 167 thereon according to such value, and must pay a sum equal to IJ per cent on the assessed valuation thereof; but from the assessed valuation of such capital stock is first deducted the value of any and all real estate owned by such corporation in said District, which real estate is separately taxed against said corporation. This does not include newspaper, real estate, and mercantile companies, which by reason of incorporation receive no special franchise or privilege; but all such corporations are rated, assessed, and taxed as individuals conducting business in similar lines are rated, assessed, and taxed. Building associations pay to the collector of taxes of the District of Columbia 4 per cent per annum on their gross earnings for the pre- ceding year ending June 30. All taxes levied under the foregoing provisions of this law are due, payable, and collectible in May of each year, and are subject to the same penalties for nonpayment thereof as the general tax on real estate, until distraint or sale. Private banks or bankers, not incorporated, pay a tax of $500 per annum. General brokers pay a tax of $250 per annum. The Wash- ington Stock Exchange pays $500 per annum in lieu of tax on mem- bers thereof for business done on said exchange. Any broker who is a member of a regularly organized stock exchange located outside of the District of Columbia and transacting a brokerage business therein, pays $100 per annum. If any person or firm shall have paid the tax provided for banks and bankers, such person or firm can not again be taxed as a broker or brokers. Note brokers pay a tax of $100 per annum. Exceptions are made of cooperative associations whose busi- ness is restricted to the members of such association. For entertainments given in church premises or private residences, where the proceeds are for church or charitable purposes and no rental is charged, no license is required. Applications for licenses for shooting galleries must be accompanied with certificate from inspector of buildings that suitable precautions have been taken for public safety, and with written authority from majority of occupants and residents on the same side of the square in which proposed gallery is to be located, and also on confronting side of the square fronting opposite to the same. The chief of police is authorized to prescribe the caliber, firearms, and kind of cartridges to be used. The Commissioners have discretion to refuse licenses for merry-go- rounds, flying horses, etc. Applications for licenses for massage establishments, mediums, clairvoyants, soothsayers, fortune tellers, and palmists must have the approval of the chief of police. Hucksters are furnished with badges corresponding to number of license, which must be worn while transacting business, in addition to 168 GOVERNMENT OF THE DISTRICT OF COLMMBIA. a corresponding number which must be attached to their vehicles. Hucksters' Hcenses need not be procured by persons bringing and sell- ing at the several markets produce of their own raising. The fire marshal must approve applications for licenses for buildings for storage of inflammable materials. Persons violating any of the provisions of the license law, upon conviction thereof in the police court of the District of Columbia, are punishable by a fine of not more than $500 for each offense, and in default of payment, by imprisonment not exceeding thirty daj^s, in the discretion of the court. (32 Stat., pt. 1, 622 to 629.) PERMIT FEES, LICENSE PEES, AND MISCELLANEOUS CHARGES. [Notes.— L. A., legislative assembly; B. R., building regulations; W. D., Webb's Digest of the laws of the former city of Washington. * Indicates that the fee is not a public revenue.] Agricultural exhibits, November 1, |100 per annum, |10 per week, $5 each subse- quent week, $3 per day. Amusements not otherwise provided for, November 1, $100 per annum, $10 per week, $5 each subsequent week, |3 per day. Apothecaries, November 1, $6 per annum. Art exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Athletic grounds, $20 per week, $5 per day. Auctioneers, November 1, $100 per annum. Automatic machines. (See Slot machines.) Automobiles, autovehicles, etc., July 1, $9 per annum. Automobile establishments, November 1, $25 license for ten vehicles or less per annum, $2 each additional vehicle. Awning permits, $1 each awning. (B. R., sec. 31.) Balls, $3 per night. Bankers, private (not incorporated), July 1, $500 per annum. Barrooms, November 1, $800 per annum. Bas(!ball grounds, $20 per week, $5 per day. Baths, November 1, $25, Turkish, Russian, or medicated, per annum. Billposters, November 1, $20 per annum. Billiard rooms, November 1, $12 per annum for each billiard, bagatelle, jenny lind, or pool table, shuffle board, or other legitimate game table. Boarding houses (public), November 1, $1 per annum for each room. Boiler and engine permits, $1 each plant. (B. R., sec. 31.) Bowling alleys, $12 per annum. Boxing schools, November 1, $12 per annum. Brewers, November 1, $250 per annum. Brewers' agents, November 1, $250 per annum. Brokers, real estate, November 1, $50 per annum. Brokers, railroad ticket, November 1, $25 per annum. Brokers, general, July 1, $250 per annum. Brokers, general (members of stock exchange), July 1, $100 per annum. Brokers, note, July 1, $100 per annum. Building contractors, November 1, $25 per annum. Buildings, new, pi-rmit for, $2 each building. (B. R., sec. 33.) Building permits, repairs or alterations, $1 each building. (B. R., sec. 31.) Carnivals, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 169 Carriages for hire, July 1, $6, drawu !)y one animal, per annum; $9. more than one animal, per anmmi; $9 by other motive power, per annum. Carriage and wagon making establishments, November 1, $25 per annum. Cattle dealers, November 1, $15 per annum. Cattle exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Cigar dealers, November 1, $12 per annum. Circuses, $200 per day. Claim agents, November 1, $25 per annum. Clairvoyants, November 1, $25 per annum. Commission merchants, November 1, $40 per annum. Concerts, $3 per night. Confectionery establishments, November 1, $12 per annum. Contractors of all kinds, November 1, $25 per annum. Cook shops, November 1, $18 per annum. Dairy lunches, November 1, $18 per annum. Deadly and dangerous weapons. Dealers in are required to file Vjonds of $1,000 each but no fee is charged. (27 Stats., 117.) Dealers in markets, November 1, $5 per annum. Death, certificate of, 50 cents each. (29 Stats., 695.) Dental examiners, board of; examinations by, $10; certificates of , $1. (27 Stats., 43.) Distillers or rectifiers, November 1, $250 per annum. Dog licenses, $2 each dog per annum. (20 Stats., 173.) Dogs, release of, from pound, $2 each dog. (20 Stats., 174.) Druggists, November 1, $6 per annum. Eating houses, November 1, $18 per annum. Electroraobiles, July 1, $9 per annum. Employment agencies, November 1, $25 per annum. Engineers, steam. (See Steam engineers.) Entertainments, $3 per night. Entertainment halls, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Excavations in streets, $1 each. (B. R., sec. 31.) Exhibition halls, November 1, $100 per annum, $10 per week, $5 each subsequent we^k, $3 per day. Exhibits — agricultural, art, cattle, floral, food, freaks, industrial, mechanical, muse- ums, poultry, side shows, etc., November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Explosives, $1 per annum . Fairs, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 per day. Fencing schools, November 1, $12 per annum. Fireworks, $50 per annum. Fish-wharf privilege, annually sold to highest bidder. (W. D., 147.) *Fish-wharf charges: Shad and other large fish at the rate of 20 cents per 100, her- ring at the rate of 20 cents per 1,000. (W. D., 147-149.) Florists, November 1, $15 per annum. *Flour, inspection of, 1 cent and one drawing per barrel or half barrel; 1 cent per 196 pounds of flour in sacks; $5 in appeals to commissions of flour inspection. (30 Stats., 766.) Flying horses. (See Merry-go-rounds.) Football grounds, $20 per week, $5 per day. Fortune tellers, November 1, $25 per annum. Fuel hucksters, November 1, $5 per annum. 170 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Gas meters, inspection of, 50 cents each now meter, 20 cents for each repaired meter. (18 Stats., 279.) General brokers, July 1, $250 jjer annum. General brokers (members of stock exchange), July 1, $100 per annum. Golf gro\uids, $20 per week, $5 per day. Gasoline, $5 per annum. Gymnasiums, November 1, $12 per annum. Hacks. (See Carriages.) Hand laundries, November 1, $10 per annum. Hay scales, annually, on or about July 10, sold to the highest bidder at public auction. (L. A., 3G9.) Hay, straw, fodder, or oats in the straw, fee of weighmaster for weighing: * For loads of 500 pounds or less, each, 10 cents. (L. A., 368.) * For loads between 500 and 2,000 pounds each, 35 cents. (lb.) * For loads over 2,000 pounds each, 50cents. (Attorney's Opinions, vol. 4, 309-485.) *For Inindles or packages, each, 2 cents. (L. A., 368.) Heating plants, changes in, permits $1. (B. R., sec. 31.) Hotels, November 1, $1 per annum for each room for the accommodation of guests. Hucksters, April 1, $12 per annum for each vehicle. Ice-cream parlors, November 1, $18 per annum. Improvement and land companies. (See Land and improvement companies.) Inflammable oils, November 1, $10 per annum for storing quantity exceeding 5 barrels. Insurance: All companies and associations. For filing charter and other qualifying docu- ments, together witli issuing license to company, such license authorizing the company to issue only its own policies, $10. Local and foreign companies. Fee to be paid by the company, $50. Each insurance company, local or foreign, desiring to act as agent for the purpose of receiving business from another company, or from agents or representatives of any other company, is required to procure a "general insurance license." Foreign companies. Fee to be paid by the agent, $50. Must be licensed under section 646 before they can in any way do business in the District of Columbia. A foreign company issuing its own policy to a person in the District of Columbia is not required to be represented by a principal or policy-writing agent. If such a company desires, however, to do business in the District by issuing policies there, then its representatives must hold a "general insurance license." Principal or policy-writing agent's license. Fee to be paid by the agent, $50. This "general insurance license" may be issued to a person, or a firm not exceeding two members, or an association, or to a corporation, or secretary or assistant secretary of either of such bodies having such officers. Under this form of license an unlimited number of companies may be represented by an agent; and power is granted to the licensee to appoint solicitors for each com- pany he represents. A policy-writing agent may also act as broker. Brokers' "general insurance license." Fee to be paid by broker, $50. This license carries with it all the privileges granted a principal or policy-writing agent, except that the licensee can not issue policies nor appoint solicitors. A broker represents no company, but places the business he controls wherever he elects in companies that are licensed to do business in the District of Columbia. Solicitor's license. Fee to be paid by the solicitor, $5. A solicitor must be employed in some capacity by a company or its principal agent. License privi- lege is limited to one company only and the name of such company must he embodied in the license. GOVERNMENT OF THE DTSTRICT OF COLUMBIA. 171 Industrial solicitor's license. Fee to be paid by the solicitor, $2. Limited to one company, and the name of such company must appear in the license. Licenses for companies, agents, solicitors, and brokers now doing business in the Dis- trict will bear date as of January 1, 1902, and be in force until April 30, 1902, fees for which must be prepaid. Applications for annual licenses for the same must be applied for and prepaid during the month of March, 1902. Annual licenses take effect May 1, 1902. All licenses are transferable by assignment, fee for each assignment being 25 cents. (Order February 4, 1902.) Investment associations, November 1, flOO per annum. Junk dealers, |40 per annum. (26 Stats., 841.) Land and improvement companies, November 1, $50 per annum. Laundries, November 1, $20, steam or other power, per annum; $10 per annum, operated by hand. Lawn fetes. (See Picnics.) Lecture halls, November 1, $100 per annum; $10 per week; $5 each subsequent week; $3 per day. License, transfer of, 50 cents each. Livery stables, November 1, $25 per annum for 10 stalls; $2 each additional stall. Liquor dealers, retail, November 1, $800 per annum. Liquor dealers, wholesale, November 1, $300 per annum. Liquors, brewers or manufacturers of, November 1, $250 per annum. * Lumber, inspection of, 30 cents per 1,000 feet B. M. (W. D., 462.) Market dealers of all kinds, November 1, $5 per annum. ^larket stalls, schedule of monthly rates fixed by Commissioners, as follows: Eastern Market — Butcher, bacon, butter, and miscellaneous stands, $4 each; fish, huckster, and baker stands, $3 each. (Orders March 14, 1879; April 28, 1894.) Western Market — All stands except 8 dark stands, $5 each. Eight dark stands, $2.50 each. (Order December 31, 1906.) Georgetown Market — All stands, $5 each. (Orders of December 1, 1894, and October 31, 1894.) Massage establishments, November 1, $25 per annum. Maturity associations, November 1, $100 per annum. * Medical examiners, board of, examination by, $10. (29 Stats., 199.) Medicated baths. (See Baths.) Mediums, November 1, $25 per annum. Merry-go-rounds, $12 per week; $10 each subsequent week; $3 per day. Note brokers, July 1, $100 per annum. Omnibuses, July 1, $6 per annum, one animal; $9 per annum, more than one animal. Oyster houses, November 1, $18 per annum. Palmists, November 1, $25 per annum. Passenger transportation lines, November 1, $6 per annum for each vehicle not exceed- ing 10 passengers; $12 exceeding 10 passengers. Pawnbrokers, November 1, $100 per annum. Peddlers, April 1, $25 per annum. * Pharmacy, commissioners of, for registration without examination, $3; with exami- nation, $10. (20 Stats., 138.) Picnic groimds, November 1, $100 jjer annum; $10 per week; $5 each subsequent week; $3 per day. Plumbing board, examination and license of each applicant for master plumber's license, $3. (30 Stats., 477.) Polo grounds, $20 per week; $5 per day. Pool rooms, November 1, $12 per annum. 172 GOVERNMENT OF THE DISTRICT OF COLUMBIA. Private banks or bankers (not incorporated), July 1, $500 per annum. Produce dealers, April 1, $12 per annum for each vehicle. Public school tuition of nonresident pupils: High school, $43.79; eighth grade, $30.42 seventh grade, $25.08; sixth grade, $23.60; fifth grade, $20.53; fourth grade, $20 third grade, $17.27; second grade, $16.42; first grade, $15.26. (30 Stats., 1056 order of Commissioners, September 20, 1899.) Race tracks, $20 per week; $5 per day. Real estate brokers. (See Brokers, real estate.) Rectifiers. (See Distillers.) Restaurants, November 1, $18 per annum. Russian baths. (See Baths.) Secondhand dealers of all kinds, November 1, $40 per annum. "Seeing Washington cars.'" (See Passenger transportation lines.) Shed permits, $1 each shed. (B. R., sec. 31.) Shooting galleries, November 1, $12 per annum. Skating rinks, November 1, $100 per annum; $10 per week; $5 each subsequent week; $3 per day. Slot machines, November 1, $2 per annum, each machine; $50 per annum, unlimited number. Soothsayers, November 1, $25 per annum. Steam engineers' licenses are of three grades — first, second, and third — the fee for each being $3. Examination before board of engineers is required. Licenses are good until revoked or changed to higher grade. (Act of February 28, 1887.) Stock exchange, Washington, July 1, $500 per annum. Surveyor's fees: For preparing for record a plat of the proposed subdivision of any recorded lot or part of lot, 50 cents for each lot in the new subdivision. For preparing for record a plat of a proposed subdivision containing one or more squares, not more than $20 shall be charged for the subdivision of each entire square. For recording the above plats, after approval by the Commissioners of the Dis- trict of Columbia, $2.50 for each square and $1.50 for any lot or part of a square. For furnishing a copy of the plat and record of any square or part of square, $2.50. For examining any plat and calculating the area of any proposed sublot, 25 cents. For preparing plats showing lines of any proposed minor street or alley to accom- pany petition for condemnation, $5 for each plat. For surveying and marking upon the ground the boundaries of any lot within the city of Washington east of Rock Creek, $3; within the city of Washington west of Rock Creek, $4; in the District of Columbia outside of the city of Wash- ington 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 abbve shall include a certified plat of the survey for the property owner or applicant. For surveying and marking upon the ground the boundaries of any piece of ground in the county of Washington not contained in a subdivision recorded and marked as stated in the previous paragraph, $20 per day for each day occupied in the field work and $10 per day for each day occupied in comput- ing lines, areas, and other office work. For surveying and ascertaining the position of walls of any building with respect to the lines as laid down on plat of record in the surveyor's office or according to the description contained in deed, $5 if building stands on a single lot; $7.50 if building stands on two lots, and $10 if building stands on three or more lots. For examining IIk; location of the walls of any building when the same shall have reached a height of not more than one foot above the footings, $1. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 173 * Surveyor's fees — Continued. For any work not specifically described above the actual cost of labor and mate- rial will be charged. No work will be begun by the surveyor for any private parties until the actual estimated cost of the same has been deposited with the collector of taxes and his receipt recorded in the office of the surveyor of the District of Columbia. (Orders of Commissioners, March 23, 1895, and February 7, 1902.) Tax certificates, 50 cents each. (27 Stats., 37.) Theaters, November 1, $100 per annum, $20 per week, $10 less than one week. Ticket brokers, railroad. (See Brokers, ticket.) Tournaments. (See Race tracks.) Turkish baths. (See Baths.) Transfers of licenses, 50 cents each. Undertakers, November 1, $25 per annum. Vaults under streets, $1 each vault. (B. R., sec. 31.) Vehicles for hire, July 1, $6 per annum one animal, $9 more than one, $9 horseless or motor. Victuallers, November 1, $18 per annum. Wagon-making establishments. (See Carriage-making establishments.) Walls, party, measuring, $5 each. (B. R., sec. 31.) Washington Stock Exchange, July 1, $500 per annum. Water rents, shedule of: DOMESTIC RATES. The rate for domestic purposes shall be charged according to stories and front feet. On all tenements two stories high, with a front width of 16 feet or less, $4.50 per annum. For each additional front foot or fraction thereof greater than one-half, 30 cents. Note.— In cases where the frontage of a house is greater than the depth the rent will be based upon the less dimension. In the case of houses situated on tri- angular or irregular lots 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 computed above. Note. — The word "story" shall be held to include basements, cellars, and attics containing space used or fitted out for use for domestic purposes, unless such space be used exclusively for kitchens, laundries, storage rooms, or bath rooms. meter rates. The rate to be charged for water supplied through meters shall be 3 cents a hundred cubic feet. The supply of water shall be determined by meter to all manufacturing establish- ments, hotels, swimming baths, bottling establishments, gas tanks, railroad yards, steamboats and wharves, brickyards, and other places requiring a large quantity, including all premises using fountains or automatic fixtures and all premises for business purposes on which the water rent, according to the fol- lowing schedule of rates, is $25 or more per annum. The listing of certain premises on that schedule does not exempt them from the requirements of the law with regard to the use of meters. In case of premises required by law to be supplied with water by meter the sup- ply of water to any portion thereof for any purpose shall be determined by meter. A minimum rate of $4.50 will be charged against all consumers supplied with water by metei's. 174 GOVERNMENT OF THE DISTRICT OF COLUMBIA. SPECIAL BUSINESS AND MISCELLANEOUS RATES. In every case where dwelling houses or tenements are occupied also for business purposes, or vice versa, the regular charge for domestic purposes according to the above rates shall be made, and in addition thereto the special business rate as hereinafter specified. Note. — In cases where a story is used entirely for business purposes it will not be reckoned in the charge for domestic purposes. Special and miscellaneous business shall be charged at the following rates, viz: Apartment houses having two or more tenements: For each and every flat or suite of connecting rooms, having the water facilities of a dwelling house, $4.50. Armories, according to fixtures. Bakeries, from |1 to the amount requiring meter ($25). Barbershops, first chair, $3; each additional chair, $1.50. Bar rooms and restaurants from $15 to the amount requiring meter ($25). Billiard and pool rooms, from $1 to the amount requiring meter ($25). Boarding schools, according to the number of fixtures. Club houses, according to the number of fixtures. Club rooms, $3 per room. Colleges (law, medical, business, etc.), according to the number of fixtures. Cows, 25 cents each. Dye houses, $1 to the amount requiring meter ($25). Eating houses and lunch rooms, from $1 to the amount requiring meter ($25). Fixtures in business establishments, not otherwise listed, $3 for each fixture. Florists, $1 to the amount requiring meter ($25). Gas engines, $4 per horsepower. Horses, private, $1.50 each, said sum to include water for washing carriages. Horses for all other purposes, 75 cents each. Laundries, $1 to the amount requiring meter ($25). Machinery using water, according to the rate for stationary engines and boilers. Mills, $5; machinery extra, according to the rate for stationary engines. Motor vehicles, other than bicycles or tricycles, 75 cents each. Office buildings, according to the number of fixtures. Offices, $3 each. Printing houses, from $1 to $10; machinery in same using water shall be charged in addition thereto according to the rate for stationary engines. Photograph galleries, $1 to amount requiring meter ($25). Public baths, $4 for each tub. Stationary engines, $3 per horsepower; boilers without engines, $1.75 per horse- power. Stores, shops, confectioneries, dairies, and warehouses, $1 to the amount requiring meter ($25). Street washers, where parties use same and water is not taken in the house, shall be charged at the rate of from $3 to $10 per annum; (>xterior fountains, street washers and other hose connections may be used only between the hours of 5 o'clock and 8 o'clock p. m., and 5 o'clock and 8 o'clock a. m. Slaughterhouses, from $5 to the amount requiring meter ($25). Stables, domestic purposes over same, $3.50. The water registrar is hereby authorized to grant permission to occupants of such premises as have no water supply of their own, upon written permission from an adja- cent water taker, to use the water, upon the payment of the water rent as stipulated herein. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 175 Rebates. — That hereafter whenever the owner or occupant of any premises shall make request of the water registrar in writing to have the water cut off from such prem- ises, before the beginning of the fiscal year, for the reason that the said premises are to be closed for a certain period, and shall, upon his return, request the water registrar in writing to turn on the water, the water rent against the said premises shall be counted only from the date the water is turned on, instead of from the beginning of the fiscal year. Transfers. — When tenants move from one house to another so much of the water rent paid by the said tenant on the premises vacated as covers the unexpired portion ot the fiscal year may, on application to the water office be credited on the water rent due on the new premises : Provided, That the application for such transfer be accom- panied by the receipted bill for premises vacated. In charging business establishments for using Potomac water not supplied through meters, no allowance or deduction from the schedule rates shall be made on account of water claimed to be supplied from wells. Reserve boilers and machinery shall be charged for at full schedule rates. All water required for purposes which are not specified in the foregoing schedule shall be paid for at such rates as may be fixed by the Commissioners. All annual water rents are due and payable in advance on the 1st day of July in each year. All charges for specific supplies and for fractional parts of a year are due and payable in advance of the use of the water. In all cases of failure to pay the annual water rent within thirty days after same is due and payable, and charges for specific supplies or fractional parts of the year in advance of the use of the water, the supply shall be cut off, and the flow not again restored until the water rent is paid, as also a penalty of $2 and the actual exisense, if any, inciu-red by the water department in cutting the street for the purpose of shutting off and restoring the flow of water. All persons taking water are hereby required to keep their service pipes and fixtures connected with such service pipes in good condition and repair, and protected from frost, at their own expense; to prevent all unnecessary waste of water, and keep the trench in which their service pipe was laid, from the main to the building line, in good order and condition. The hose shall not be used in the avenues or streets to wash off carriages, omnibuses or other vehicles, or for watering or washing horses. Caps upon the said pavement or street washers must, when the washers are not in use be kept screwed securely down, and not project above the foot pavement. The Commissioners reserve the right, whenever they may deem it necessary in order to furnish the supply necessary for domestic purposes, to cause the fiow of water to be discontinued for all other purposes. The Commissioners of the District of Columbia are hereby authorized to furnish Potomac water without charge to orphan asylums and charity schools, and such insti- tutions as receive annual appropriations from Congress, 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 insti- tution shall be charged at the prevailing rate for the use of water in the District. They are fmther authorized to furnish Potomac water without charge to churches to an amount to be fixed in each case by the Commissioners ; any amount used in excess to be charged as hereinbefore provided. (33 Stat. pt. 1, 742, Feb. 23, 1905.) Whenever the owner of any premises shall make request of the water registrar in writing, on or before the beginning of the fiscal year, to have the water cut off from such premises, before the begin- ning of the said fiscal year, for the reason that the premises are to be 74986— Oy 12 176 GOVERNMENT OF THE DISTRICT OF COLUMBIA. closed for a certain period, and shall upon his return request the water registrar in writing to turn on the water, the water rent against said premises sliall be counted only from the date that the water is turned on, instead of from the beginning of the fiscal year. (Order November 1, 1900.) If any person or persons shall remove the cover from any stopcock box or turn on or off the supply of water by means of said stopcock on the service pipe or otherwise, without the authority of the water registrar, such person or persons shall be liable to a fine of not less than $10 nor more than $50 for each offense. If any occupant of premises into which has been introduced the water shall permit the same to run or waste unnecessarily from any hydrant, cock, jet, street washer, or other fixture, or to flow from his fountain into adjacent premises and there used, or to be taken from or used by any person other than said occupant or a member or visitor of his family, except in case of fire; or if any hydrant, jet, cock, street washer, or other fixture be found leaking, and said occu- pant, owner, or agent of the premises shall refuse or neglect to have the necessary repairs made without delay; or refuse admission to the water registrar or other authorized agent of the Commissioners into his premises when in the official discharge of his duties, the person so offending shall pay a fine of not less than $5 nor more than $30 for each offense, and the supply of water shall be stopped from said premises until satisfactory assurance is given the water registrar that the like case will not occur again. Weights and measures, for testing and sealing, as follows: Dry measure, over half bushel $0. 25 Dry measure, half bushel or less: 1 to 10, inclusive (each) 10 1 to 25, inclusive (each) 09 1 to 50, inclusive (each) 08 1 to 100, inclusive (each) 07^ Ice cream measure: 1 to 50, inclusive (each) ^ -. .10 1 to 100, inclusive (each) 08 1 to 200, inclusive (each) 07 200 or over (each) 06 Liquid measures over 1 gallon (each) •. 25 Liquid measures, 1 gallon or less: 1 to 10 measures, inclusive (each) 10 1 to 25 measures, inclusive (each) 09 1 to 50 measures, inclusive (each) 08 1 to 100 measures, inclusive (each) 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 177 Milk bottles and jars, glass (each 100 bottles) |0. 50 Scales, coal, semiannually 2. 00 Scales, counter, semiannually 25 Scales, counter, platform, over 200 pounds, semiannually 1. 00 Scales, counter, platform, under 200 pounds, semiannually 50 Scales, liay, semiannually 2. 00 Scales, platform, semiannually 1. 00 Scales, potato, semiannually 25 Scales, railroad, large, semiannually (first 10 tons) 2. 00 Scales, railroad, large (each ton over 10) 25 Scales, wagon, semiannually 2. 00 Spring balance, semiannually after July 1, 1903 25 Weights, sealing of (each) 10 Yard measures sealed, annually (each) 10 (28 Stats., 811. Orders of Commissioners, April 23, 1896; August 16, 1897; July 29, 1901.) Washington Market Company. Franchise rental per annum, $7,500. Wharf for sale of fish. (See Fish wharf.) Wliarf property along James Creek Canal, rent of, 8 per cent per annum on estimated value. (Order of Commissioners of November 5, 1890.) Wharves on Potomac River, rental of. Wood, inspection of, 9 cents per cord. (W. D., 276.) AUTHORITY TO MAKE PUBLIC VEHICLE RATES. The Commissioners are directed to prepare and change from time to time, a reasonable scale of charges by cabs, taxicabs, and pubhc vehicles, for the transportation of passengers, and to prescribe penal- ties for violation thereof. (D. C. appropriation act, March 3, 1909.) EXCISE BOARD. The excise board determine to whom license to sell intoxicating liquors by wholesale or retail shall be issued. Their action is regu- lated by law and rules and regulations which they are authorized by law to make. (See p. 144.) This board consists of the assessor as ex officio chairman, and the three permanent assistant assessors, who are designated by the assessor to assess real property, and compose said board. (Act July 1, 1902.) For the license fees for selling such liquors see "Methods of taxa- tion" (p. 171). auditor's OFFICE. The auditor has general oversight of the financial affairs of the Dis- trict of Columbia. He passes upon all accounts affecting the general revenues, which are derived from taxes, licenses, fines in the police and criminal courts, fees from justices of the peace, market rentals, and minor miscellaneous sources, together with those relating to the water fund and the various special and trust fimds. He is also required by law to audit all disbursements made wholly or in part from District revenues, unless the acts of Congress appropriating 178 GOVERNMENT OF THE DISTRICT OF COLUMBIA. therefor specifically ])rovi(le otherwise, as in the case of the sinking fund, the expenditures of which are under the control of the Treas- urer ot the United States, ex officio commissioner of the sinking fund; to prepare and countersign all checks issued by the disbursing officer, to render monthly to the Auditor for the State and other Depart- ments detailed statements, wdth accompanying vouchers, of all ex- penditures made by the disbursing officer, duly certified by the Com- missioners of the District of Columbia, and to keep account of all obligations against appropriations. DISBURSEMENTS. All disbursements of District moneys, except where otherwise specifically provided by law, as those for the sinking fund, which are made by the Treasurer of the United States, ex officio commissioner of that fund, are made by the disbursing officer upon claims or accounts audited and approved by the auditor of the District of Columbia. The disbursing officer is appointed by the Commissioners of the District of Columbia, and gives bond to the United States in the sum of S50,000, conditioned for the faithful performance of the duties of his office in the disbursing and accounting, according to law, for all moneys of the United States and of the District of Columbia that come into his hands; which bond must be approved by the Commis- sioners and the Secretary of the Treasury and be filed in the office of the Secretary of the Treasury. Advances in money, for which he must account, are made to him from the United States Treasury on the requisition of the Commissioners, and his checks for disburse- ments must be countersigned by the auditor. But in order to further insure accuracy, the organic law requires that the accounts of said Commissioners and the tax collectors and all other officers required to account shall be also settled and adjusted by the accounting officers of the Treasury Department of the United States. (20 Stats., 105.) This auditing falls within the purview of the Auditor for the State and other Departments, subject to review by the Comptroller of the Treasury. FISCAL YEAR. The fiscal year begins with July 1 and terminates with the 30th of the succeeding Jvme. SINKING FUND. The management of the funded debt of the District is vested by law in the Treasurer of the United States. The sinking fund of this debt is paid by the United States and the District of Columbia in equal parts. GOVEKTSntfENT OF THE DISTEICT OF COLUMBIA. 179 On December 31, 1908, the funded debt amountedto $10,1 17,730.18, all but $1,080.18 of which was in 3.65 per cent bonds. The amount of these bonds issued to that date was $14,997,300, or within $2,700 of the- limit fixed by law. (21 Stats., 286.) PROPOSALS FOR MUNICIPAL WORK, When any repairs of streets, avenues, alleys, or sewers within the District of Columbia are to be made, or when new pavements are to be substituted in place of those worn out, new ones laid, or new streets opened, sewers built, or any works the total cost of which shall exceed the sum of $1,000, notice must be given in one newspaper in Washington, and if the total cost shall exceed $5,000 then in one newspaper in each of the cities of New York, Philadelphia, and Balti- more, also, for one week, for proposals, with full specifications as to material for the whole or any portion of the works proposed to be done. (20 Stats., 105.) The lowest responsible proposal for the kind and character of pave- ment or other work which the Commissioners shall determine upon must in all cases be accepted, but the Commissioners have the right, in their discretion, to reject all such proposals. (lb.) The Commissioners also invite proposals for all kinds of work, material, supplies, and other purchases involving any considerable cost, and whenever in their judgment the public interests will be best subserved thereby. CONTRACTS. Work capable of being executed under a single contract shall not be subdivided so as to reduce the sum of money to be paid therefor to less than $1,000 (ib.); nor to less than $500 (34 Stats., pt. 1, 546). All contracts for the construction, improvement, alteration, or repairs of the streets, avenues, highways, alleys, gutters, sewers, and all work of like nature must be made and entered into only by and with the official unanimous consent of the Commissioners of the District. (Ib., 106.) The Commissioners may make separate contracts for materials and for labor in executing public works. (22 Stats., 125.) All contracts shall be copied into a book kept for that purpose and be signed by the said Commissioners, and no contract involving an expenditure of more than $100 shall be valid until recorded and signed as aforesaid. (20 Stats., 106.) Pursuant to an order dated August 2, 1878, all contracts are pre- pared by and recorded by the Engineer Commissioner. The Comptroller of the Treasury orally advised the Commissioners that books composed of one of each of the original contracts bound 180 GOVERNMENT OB' THE DISTRICT OF COLUMBIA. together would meet the requirements of this law as to copjdng con- tracts into a book. This secures accuracy and also obviates the labor of transcribing them, which involves the copying of a large amount of printed matter included in the forms. OFFICERS AND CONTRACTORS' BONDS. Good and sullicient bonds to the United States, in a penal sum not less than 25 'per centum of the estimated cost of work or material, with sureties to be approved by the Commissioners of the District of Columbia, shall be required from all contractors, guaranteeing that the terms of their contracts shall be strictly and faithfully performed to the satisfaction of and acceptance by said Commissioners. (20 Stats., 106; 33 Stat., pt. 1, 704.) A bond is not necessary with contracts for not more than $500. (34 Stat., pt. 1, 546.) Neither of said Commissioners, nor any officer whatsoever of the District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any con- tractor be accepted as surety for any officer or other contractor in said District. (lb., 103.) BIENNIAL EXAMINATION OF OFFICIAL BONDS. Every officer required by law to take and approve official bonds shall cause the samtf to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon ; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years, and as much oftener as he may deem it necessary. (20 Stats., 807.) RENEWAL OF OFFICIAL BONDS. Every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, or oftener if he deem such action necessary. In his discretion a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service, pending the appointment and qualification of his successor. The nonperformance of any of said requirements on the part of any official of the Govern- ment shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States, and the liability of the principal and sureties on all oflicial bonds shall con- tinue and cover the period of service ensuing until the appointment and qualification of the successor of the principal; nor shall anything in the foregoing be construed to repeal or modify section 3836 of the Revised Statutes of the United States. (lb.) GOVERNMENT OF THE DISTRICT OF COLUMBIA. 181 TERM OF contractors' LIABILITY. Contractors shall keep new pavements or other new works in repair for a term of five years from the date of the completion of their con- tracts. (20 Stats., 106; 33 Stat., pt. 1, 704.) RETENTS FROM CONTRACTORS. That on all contracts made by the District of Columbia for con- struction work there shall be held a retent of ten per centum of the cost of such construction work as a guaranty fund to keep the work done under such contracts in repair, and that the terms of such con- tracts shall be strictly and faithfully performed. On contracts for the construction of asphalt, tar, brick, cement, or stone pavements the retent shall be held for a term of five years from the date of com- pletion of the contract. On contracts for the construction of bridges and sewers the retent shall be held for a term of one year from the date of completion of the contract. On contracts for the construction of buildings, and other contracts for construction work, the retent shall be held until the completion of the work. All retents for one year or more shall be deposited with the Treasurer of the United States as now required by law. (31 Stat., pt. 1, 94.) Extended to cover all contracts for "buildings and other contracts for construc- tion work." (34 Stat., pt. 1, 929.) PUBLIC SCHOOLS. The supreme court of the District of Columbia is authorized to appoint nine persons, bona fide residents of the District of Columbia, . and who have been such for five years immediately preceding their appointment, to constitute a board of education, and whose term of office is three years, except that the terms of the persons first appointed terminate as follows: Three for one year, three for two years, and three for three years, to serve withput compensation. The board has complete jurisdiction over all administrative matters connected with the public schools of the District of Columbia, except that all expenditures of public funds for such school purposes are made and accounted for as now provided by law under the direction and control of the Commissioners of the District of Columbia. The board makes all needful rules and regulations which may be proper for the government and control of schools, and makes annual report to the Commissioners of the District of Columbia, who transmit the same to Congress, of the condition and operations of said schools, and the sanitary and structural condition of all buildings in use, as well as those in course of construction, with recommendations as to needed changes. 182 GOVERNMENT OF THE DISTRICT OF COLUMBIA. The board has power to appoint one superintendent for all the pub- lic schools of the District of Columbia, two assistant superintendents — one of whom, under the direction of the superintendent, has charge of schools for colored children ; and has power to employ and remove all teachers, ollicers, and other employees connected with the public schools not already specified. Graduates of the normal schools have preference in all cases when appointments of teachers for the grade schools are to be made. The superintendent shall have the direction of and supervision in all matters pertaining to the instruction in all the schools under the board of education. Twelve medical inspectors of public schools, four of whom shall be of the colored race, at S500 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 rules formulated from time to time by him, wliich shall be subject to the approval of the board of education, and the Commissioners. The board annually sends to the Commissioners of the District, ©f Columbia an estimate in detail of the amount of money required for the public schools for the ensuing year, wliich the Commissioners include in their annual estimate of appropriations for the District of Columbia, with such recommendations as they deem proper. (31 Stats., 564.) For convenience of administration the schools are classified into divisions, each of which includes a certain number of schools and is under the immediate surveillance of a separate supervising principal; but these divisions have no definite geographical boundaries. The maximum number of pupils enrolled in the public shools of the District of Columbia for 1908 was 57,013. The white and colored pupils are taught in separate schools. PAY OF OFFICERS. The pay of officers shall be as follows: The superintendent, $5,000; the assistant superintendents, $3,000 each; director of intermediate instruction, supervisor of manual training, and supervising prin- cipals, $2,200 per annum, with an increase of $100 per year for five years. Director of intermediate instruction, supervisor of manual training, and supervising principals who may be hereafter appointed shall be appointed at tlio minimum salary provided unless the said salary is less than that received at the time of his appointment. GOVEENMENT OF THE DISTRICT OF COLUMBIA. 183 Wlien a teacher is on trial or being investigated he or she shall have the right to be attended by counsel and by at least one friend of his or her selection. NONRESIDENT PUPILS. Pupils shall not be admitted to nor taught free of charge in the public schools of the District of Columbia who do not reside in said 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 pajnnent of such amount, to be fixed by the board of school trustees, with the approval of the Commissioners of the District, as will cover the expense of their tuition and cost of text-books and school supplies used by them; and all payments hereunder shall be paid into the Treasury, one-half to the credit of the United States and one-half to the credit of the District of Columbia. INDUSTRIAL HOME SCHOOLS. The institution for white children is situated on the east side of the Tennallytown road, a short distance north of the city of Washington. Its object is to provide for the care and elemental instruction in handicraft, in connection with the ordinary mental studies, of children between the ages of five and fifteen years who, from indigency or neglect, would otherwise be deprived of such care and instruction. (29 Stats., 410.) It is managed by a board of trustees appointed by the Commissioners. The home school for colored children is at Blue Plains, and managed by a superintendent provided for by annual appropriation. PUBLIC LIBRARY. This institution is located on Mount Vernon Square, which belongs to the United States, but the building was erected at a cost of $350,000, at the expense of Mr. Andrew Carnegie, whose action in the matter was inspired by a suggestion made to him by Hon. Brainard H, Warner. It is managed by a board of trustees appointed by the Commis- sioners. BOARD OF CHARITIES. A Board of Charities, to consist of five members, residents of the District, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, each for a term of three years, but in such manner that the terms of not more than two of them 184 GOVERNMENT OF THE DISTRICT OF COLUMBIA. shall expire in any one or the same year. The members of said board shall serve without compensation. No member shall serve as trustee or other administrative officer of any institution subject to the visita- tion of the said board. The board shall elect a president and vice- president from among its own members, and shall appoint a secretary and such other officers, inspectors, and clerks as it may deem proper, and fix the number, duties, and compensation thereof subject to appropriations of Congress. The said Board of Charities shall visit, inspect, and maintain a gen- eral supervision over all institutions, societies, or associations of a charitable, eleemosjmary, correctional, or reformatory character which are supported in whole or in part by appropriations of Congress, made for the care or treatment of residents of the District of Colum- bia; and no payment shall be inade to any such charitable, eleemo- synary, correctional, 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 immediate care. The officers in charge of all institutions subject to the supervision of the Board of Charities shall furnish said board, on request, such information and statistics as may be desired; and to secure accuracy, uniformity, and completeness of such statistics the board may prescribe such forms of report and regis- tration as may be deemed to be essential; and all plans for new insti- tutions shall, before the adoption of the same, be submitted to said board for suggestion and criticism. The Commissioners of the Dis- trict of Columbia may at any time order an investigation by the board, or a committee of its members, of the management of any penal, charitable, or reformatory institution in the District of Colum- bia; and said board or any authorized committee of its members, when making such investigation, shall have power to send for persons and papers and to administer oaths and affirmations; and the report of such investigation, with the testimony, shall be made to the Com- missioners. All accounts and expenditures of said board shall be certified as may be required by the Commissioners, 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, show- ing the actual condition of all institutions and agencies under the supervision of the board, the character and economy of administra- tion thereof, and the amount and sources of their public and private income. The said report shall also include recommendations for the GOVERNMENT OF THE DISTRICT OF COLUMBIA. 185 economical and efficient administration of the charities and reforma- tories of the District of Cokimbia. 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 management of the affairs under its supervision; and such estimates submitted shall be included in the regular annual Book of Estimates. No member or employee of said board shall be either directly or indirectly interested in any contract for building, repairing, or furnishing any institution which the board is authorized to investigate and supervise (31 Stats., 664). BOARD OF children's GUARDIANS. AN ACT to provide for the care of dependent children in the District of Columbia and to create a Board of Children's Guardians. That there shall be created in and for the District of Columbia a board to be known as the Board of Children's Guardians, composed of nine members wdio shall serve wdthout compensation, the said board to be a body politic and corporate and to have the powers and to be constituted in the manner hereinafter provided. Sec. 2. That the members of the Board of Children's Guardians shall be appointed by the judges of the police court and the judge holding the criminal court of the District of Columbia, met together for that purpose, the assent of a majority of such judges being neces- sary to appointment in each case : Provided, That there shall always be at least three representatives of each sex upon the board. Of the nine members first appointed after the passage of this act, tlu-ee shall be appointed for one year, three for two years, and three for three 3'ears. Thereafter all appointments, except such as shall be made for the remainder of unexpired terms, shall be for the term of three years. The judges of the police court and the judge holding the criminal court, or a majority of them, when met together for that purpose, may remove for cause any member of the board: Protnded, That such member shall be given an opportunity to be heard in his own defense. Sec. 3. That the board shall elect from its own members a presi- dent, vice-president, and secretary, who shall severally discharge the duties usual to such offices, or such as the by-laws of the board may pre- scribe. The board shall have the power, subject to the approval of the Commissioners, to employ not more than two agents, at an annual compensation not exceeding two thousand four hundred dollars for the two, and prescribe their duties, and to conclude arrangements with persons or institutions for the care of dependent children at such rates as may be agreed upon. Sec. 4. That said board shall have the care and supervision of the loUowino; classes of children: First. All children committed under 186 GOVERNMENT OF THE DISTRICT OF COLUMBIA. section two of the act approved February thirteenth, eighteen hun- dred and eighty-live, entitled, "An act for the protection of children in the District of Columbia, and for other purposes." Second. All children who are destitute of suitable homes and adequate means of earning an honest living, all children abandoned by their parents or •guardians, all children of habituall}' drunken or vicious or unfit par- ents, all cliildren habitually begging on the streets or from door to door, all children kept in vicious or immoral associations, all children known by their language or life to be vicious or incorrigible w^henever such children may be committed to the care of the board by the police court or the criminal court of the District; and power is hereby given to these courts to commit such children when not over sixteen years of age to said board: Provided, That the laws regulating the com- mitment of children to the reform schools of the District shall not be deemed to be repealed in any part by this act. Third. Such children as the board of trustees of the Reform School for Boys or the Reform School for Girls may, in their discretion, commit to the Board of Children's Guardians, and power is hereby given the board of trustees of the said reform school to commit any inmate of their respective institutions to the said board of guardians, conditionally upon the good behavior of the child so committed. Fourth. Under the rules to be established by the board, children may be received and tempo- rarily cared for pending investigation or judgment of the court. Sec. 5. That the board shall be the legal guardian of all children committed to it by the courts, and shall have full power to board them in private families, to board them in institutions wilhng to receive them, to bind them out or apprentice them, or to give them in adoption to foster parents. Children received from the reform schools shall be placed at work, bound out or apprenticed, and at any time before attaining majority vascj be returned to the school from which they came, if in the judgment of the board of guardians such a course is demanded by the interest of the community or the welfare of the child. All children under the guardianship of the board shall be visited not less than once a year by an agent of the board, and as much oftener as the welfare of the child demands. Children received temporarily may not be kept longer than one week, except by order of the police court or the criminal court. Sec. 6. That the antecedents, character, and condition of life of each child received by the board shall be investigated as 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. 7. That the Commissioners of the District shall have authority to prescribe the form of records to be kept by the board of guardians, GOVERNMENT OF THE DISTKIOT OF COLUMBIA. 187 and the methods to be employed by them in paying bills and auditing accoimts; 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 wliich children are placed by the board ; and it shall be his duty to recommend annually the appropriations which in his judg- ment are necessary to the carrying on of its work. Approved, July 26, 1892. (27 Stats., 268.) AN ACT to enlarge the powers of the courts of the District of Columbia in cases involving delinquent children, and for other purposes. 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 and empowered, at their discretion, to commit to the custody and care of the Board of Children's Guardians of the District of Columbia children under seventeen years of age who shall be convicted of petty crimes or misdemeanors which may be punishable with fine or impris- onment; and said Board of Children's Guardians shall place, under contract, such children in such suitable homes, institutions, or training schools for the care of children as it may deem wise and proper. Sec. 2. That no court shall commit a child under seventeen years of age, charged with or convicted of a petty crime or misdemeanor pun- ishable by a fine or imprisonment, to a jail, workhouse, or police station; but if such child be unable to give bail or pay a fine, it may be committed to the Board of Children's Guardians temporarily or permanently, in the discretion of the court, and said board shall make some suitable provision for said child outside the inclosure of any jail, workhouse, or pohce station, or said court may commit such child to the reform school under the laws now providing for such commitment. Sec. 3. That for the purpose of aiding the court in a proper dispo- sition of cases referred to in section one the Board of Children's Guardians is hereby authorized and directed to designate one of its employees as a probation officer, whose duty shall be to make such investigation in cases involving children under seventeen j^ears of age as the court may direct, to be present in court in order to represent the interests of the cliild when the case is heard, to furnish the court such information and assistance as the judge may require, and to take charge of any child before and after trial as may be directed by the court. Sec. 4. That any person within the District of Columbia, of suffi- cient financial ability, who shall refuse or neglect to provide for any child under the age of fourteen years, of which he or she shall be the 188 GOVERNMENT OF THE DISTRICT OF COLUMBIA. parent or guardian, such food, clothing, and shelter as will prevent the suffering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment by a fine of not more than one hundred dollars, or by imprisonment in the workhouse of the District of Columbia for not more than three months, or both such fine and imprisonment. Sec. 5. That whenever petition or information shall have been filed in any court of the District of Columbia authorized to commit children to the care, 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 committed as aforesaid under or by Aartue of any of the provisions of the act of Congress approved July twenty-sixth, eighteen hundred and ninety-two, entitled "An act to provide for the care of dependent cliildren in the District of Colum- bia and to create a Board of Cliildren's Guardians," and if said evidence tends to show that such child has a father or a mother, either of whom is able to contribute to the support of such child, either bj^ 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 oflicer shall file in the police court of the District of Columbia an information charging said father or mother, or both, with such failure or neglect, and upon con- viction thereof the said court shall require the father or the mother of such cliild, or both such father and mother, to contribute by stated payments, to be made to said Board of Children's Guardians, tow^ard the support of such child such sum or sums, monthly, weekly, or otherwise, as in the judgment of said court either or both such father and mother should and may be able to pay; and the courts aforesaid may at any time hear and determine any petition for an order for con- tribution toward maintenance of any child who has heretofore been or who may hereafter be committed to the guardianship of the Board of Children's Guardians, or for modifying or suspending the operation of any such order previously made. Sec. 6. That any person against whom an order for contribution toward maintenance may have been made, as provided for in this act, who shall refuse or neglect to make such payments as ordered, shall be deemed guilty of contempt, and upon conviction thereof shall be sentenced to suffer imprisonment in the workhouse of the District of Columbia for not less than three months nor more than one year, and such imprisonment shall not exempt such person from additional imprisonment for further neglect or refusal to make contribution as aforesaid : Provided, however, That if, after such conviction, any such parent shall appear before the court before wliich such conviction GOVERNMENT OF THE DISTEICT OF COLUMBIA. 189 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 there- after 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. 7. That the disbursing officer of the Board of Cliildren's Guard- ians shall receive and shall be responsible under his bond for all moneys paid to said board under the provisions of this act, and shall pay the amounts so received by him into the Treasury of the United States within twenty days after the close of each fiscal quarter. Sec. 8. That all acts and portions of acts inconsistent with the pro- visions mentioned above are hereby repealed, and the terms of the provisions in the above sections shall become law on and after the date of approval. Approved March 3, 1901. (31 Stats., 1095.) When the Board of Children's Guardians place in private families children committed to the guardianship of said board by the courts of the District, such children shall, as far as practicable, be placed only in such families as are of the same religious denomination or belief as the parents or last surviving parent of the child. (31 Stat., 843.) THE NATIONAL TRAINING SCHOOL FOR BOYS AND THE GIRLS ' R]^FORM SCHOOL. There are two institutions in the District, one for boys (16 Stats., 119) and one for girls (25 Stats., 245), the object of which is the reformation of boys and girls who are not susceptible of parental discipline, or who become liable to punishment by imprisonment for minor infractions of the law. Each of these institutions is managed by a separate board of trustees. The National Training School for Boys (sundry civil act. May 23, 1908) is situated on the Bladensburg road, about 2 miles north of the city of Washington; the Reform School 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. INSANE. Indigent insane persons resident of the District of Columbia are admitted for temporary detention into the Government Hospital for the Insane, at the expense of said District, at the request of the Com- 190 GOVERNMENT OF THE DISTRICT OF COLUMBIA. missioners, and for permanent care and treatment when committed upon the Commissioners' request based upon the finding of a marshal's jury, confirmed by the justice holding the equity court. Nonresident indigent insane persons found in the District of Colum- bia are admitted upon the same conditions as the former, but it is the duty of the Commissioners to return them to their homes so soon as their domiciles can be ascertained. WORKHOUSE. The workhouse is for the confinement of persons convicted of minor offenses against the laws and sentenced to imprisonment for compara- tively short terms. Prisoners who are able to work and whom it is deemed prudent to employ outside of the workhouse are required to do various kinds of labor in the various departments of the asylum and on the asylum grounds and the public works. WASHINGTON ASYLUM. The object of tliis institution is the public relief and maintenance by the District of poor, infirm, and diseased persons who are in need of such assistance. All of its inmates who are able to work are required to be occupied in some kind of useful employment. JAIL. When any person is sentenced to imprisonment for a term not exceeding six months, the court may direct that such imprisonment shall be either in the workhouse or in the jail. Wlien any person is sentenced for a term longer than six months and not longer than one year, such imprisonment shall be in the jail, and where the sentence is imprisonment for more than one year it shall be in some penitentiary. INSURANCE DEPARTMENT. The Commissioners appoint a suj^erintendent of insurance, who, subject to the Commissioners' general directions, has supervision of all matters pertaining to insurance, insurance companies, and bene- ficial orders and associations. It is the duty of the superintendent to see that all laws of the United States relating to insurance or insurance companies, benefit orders, and associations doing business in the District are faithfully executed, with the object of preventing loss to insured persons through the mismanagement or insolvency of such companies. The list of fees exacted of such companies was established by order of P'ebruary 4, 1902, and is embraced among the items under head of "Methods of taxation." GOVERNMENT OF THE DISTRICT OF COLUMBIA. 191 METROPOLITAN POLICE DEPARTMENT. Appointees on the police force of the District of Cohnnbia must be able to read, write, and speak the English language, be a citizen of the United States, and have resided in the District for two years next preceding the appointment, never have been indicted and convicted of crime, be at least 5 feet 8 inches in height, between 22 and 35 years of age, of good health and reputation, and must pass an exam- ination as to his knowledge in the elementary branches of education and as to his knowledge of the principal localities of the District. The MetropoHtan police district of tlie District of Columbia shall be coextensive with the District of Columbia, and shall be subdivided into such police districts and precincts as the Commissioners of said District may from time to time direct. The Commissioners of said District shall appoint to office, assign to such duty or duties as they may prescribe, and promote all officers and members of said Metropolitan police force according to such rules and regulations as said Commissioners in their exclusive juris- diction and judgment may from time to time make, alter, or amend: Provided, That original appointments of privates on said pohce force at the time this Act takes effect shall be classified as follows: Class one : Privates who have served under their present appointments less than three years shall be included in class one, and at the expiration of three years from the date of said appointment shall be promoted to class two, if the conduct and intelligent attention to duty of such privates shall justify such promotion. Class two: Privates who have served under their present appointments more than three years and less tlian five years shall be included in class two, and after the expira- tion of five years from the date of said appointment shall be promoted to class three, if the conduct and intelligent attention to duty of such privates shall justify such promotion. Class three: Privates who have served under their present appointments more than five years shall be included in class three. All original appointments of privates shall be made to class one, and promotions shall be made from class one to class two in order of appointment to the force after three years' service as privates of class one, and from class two to class three after five years' service as privates of class two, in all cases where the conduct and intelligent attention to duty of any private shall justify such promotion. The said Metropolitan police force shall consist of one major and superintendent, who shall continue to be invested with such powers and charged with sucli duties as is provided by existing law, et al. (34 Stat. pt. 1. 221.) 74986—09 13 192 G()Vernmp:nt of the district of Columbia. STREET-UAILWAV CROSSING POLICEMEN. In addition to the above-mentioned force, the Commissioners are required to station special pohcemen at such street-railway crossings and intersections in the city of Wasliington as they deem necessary. Tlie expense of that service is paid i)ro rata by the respective street- railway companies, according to the number of cars of each company operated over such crossings. Tlie present number of such officers on duty is 37, and their compensation $75 per month each. They must possess the same quahfications for appointment and are subject to the same rules and discipline as members of the regular force. (30 Stats., 489.) PRIVATE DETECTIVES. Private detectives may be appointed, wlio shall give bond, satisfac- tory to the Commissioners, for at least $10,000, and be subject to all laws which govern the police force in respect to persons, property^ and money. (14 Stats., 214.) ADDITIONAL AND SPECIAL POLICEMEN. Additional policemen are appointed by the Commissioners, whose jurisdiction extends over a definite and limited area, practically the immediate vicinity of the property of the persons who apply for their appointment (12 Stats., 322) ; for instance, the vicinage of a number of business houses and stores. Special policemen are appointed under the act of March 3, 1899, on the application of corporations or incUviduals, or in the Commission- ers' own discretion, for duty in connection with some specified prop- erty, 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 onl}^ be exercised by them in connection with the property of or under the charge of the corpora- tion or individual upon his apphcation for that appointment. (Order of Commissioners, June 7, 1899.) POLICE PRECINCTS. For facility of administration the police department is divided into 10 precincts, at each of which is a central station, located as here- inafter stated. The substation at Anacostia is in the fifth precinct. 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 GOVERNMENT OF THE DISTRICT OF COLUMBIA. lUo under arrest or held as witnesses to offenses against the laws arc detained pending examination or trial. The building occupied for this service is No. 505 Eighteenth street NW. POLICE PATROL AND AMBULANCK SYSTEMS. The police patrol system consists of a number of structures called ''patrol boxes," generally distributed throughout the District, which contain apparatus for telephonic communication with the several police stations ; and of a number of vehicles to transport persons imder arrest without requiring the arresting officer to leave his beat unguarded. An ambvilance system is also under the supervision of the police department, to provide transportation for sick or injured persons in cases of emergency to a place where medical or surgical care and treat- ment may be promptly provided. SURGEONS OF POLICE AND FIRE DEPARTMENTS. The meiribers of the police and fire departments and the watchmen at the public parks are entitled to the gratuitous service of the sur- geons of the police and fire departments. These surgeons also make preliminary examinations of persons alleged to be insane and examine candidates for positions in the police and fire departments to deter- mine whether they are physically suitable for service in those depart- ments. POLICE FUND. The police fund is derived from the following sources: All fines imposed by the Commissioners upon members of the police force by way of discipline, and collectible from pay or salary; all rewards, fees, proceeds of gifts, and any portion of emoluments that may be paid and given for extraordinary service of 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. (lb., 325.) One dollar per month deducted from the pay of each regular police- man. (23 Stats., 316.) From fines in police court, enough to meet any inadequacy of other sources named. (29 Stats., 404; 31 Stats., 820.) From receipts for dog licenses, enough to meet any inadequacy of other sources named. (31 Stats., 820.) The sum so deducted shall be invested in United States or District bonds by the Treasurer of the United States, and be held by him sub- ject to the drafts of the Commissioners for expenditures made in pur- 104 GOVERNMENT OF THE DISTRICT OF CCLUMBIA. siiance of law, and such expenditures shall be accounted for as required by law for other expenditures of the District. (23 Stats., 316.) And said fund shall be used as follows: The superintendent, assistant superintendent, any captain or lieu- tenant of police, in case of retirement as now provided by law (Feb- ruary 28, 1901), shall receive not exceeding $100 per month; and if, in case of the death from injury or disease of any of said officers, he leave children under 16 years of age, or a widow, the same shall be for their relief during the period of widowhood, or until such children reach the age of 16 years; but not exceeding $50 per month for a widow nor $25 per month for a child. (lb., see also act March 1, 1905 (33 Stats., 821); seep. 193.) For the relief of any policeman 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 imder 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 fimeral expenses of any policeman dying in the sejvice of the Dis- trict. (23 Stats., 316.) For medical or surgical service or treatment not rendered by a surgeon of the police and fire departments, or any other like extraorch- nary expense rendered necessary by disability or injury contracted in the line of duty, when in the judgment of the Commissioners such expenditure is proper. (12 Stats., 325.) The present expenditures from this fund are about $82,000 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 destro^^ed or mate- rially damaged during the discharge of especially hazardous duty. This fund is derived from moneys received for rewards for arrest of deserters from the Army oi- Navy, and fi-om voluntary contributions, and miscellaneous sources. FlIUO DKPAKTMENT. The fire department of the District of Columbia embraces the entire territory of the District. Appointees of the fire department nmst possess the same qualifica- tions as those of the police department, except that they must not weigh less than 150 pounds nor be under 23 years of age nor over 35. The apparatus of the department also embraces a water tower and a number of combination chemical engines antl hose wagons. GOVEENMENT OF THE DISTRICT OF COLUMBIA. 195 FIRE MARSHAL Tt is the duty of tlie fire marshal to ascertain as accuratel}^ as he can the cause of fires and tlie amount of loss occasioned thereby; to supervise the storage and use of highly inflammable substances, so as to minimize the risk and extent of damage by their combustion in that state, and to perform such other duties as may be assigned to him to lessen the probability and extent of loss to structures and injury to persons in consequence of fires. FIREMEN S RELIEF FUND. The firemen's relief fund is derived f. om deductions of $1 per month from the pay of each fireman (23 Stats., 317), and deficiencj^ therein is met out of the receipts from fines in the police court (29 Stats., 401) and from dog licenses, in common with the police fund. (31 Stats., 820.) Fines imposed upon the force by way of discipline, and col- lectible fi'om pay or salary, are also placed in this fund. The deductions aforesaid shall be invested in United States or Dis- trict bonds and held in the manner provided by existing law in respect to the police fund. And said firemen's relief fund shall be used as follows: "Sec. 4. That hereafter the Commissioners of the District of Co- lumbia are hereby authorized and directed to deposit with the Treas- urer of the United States, out of receipts from fines in the police court and receipts from dog licenses, a sufficient amount to me(^t any deficiency in the policemen's fund or firemen's fund: Provided, That the chief engineer of the fire department and all other officers of said department of and above the rank of captain, the superintend- ent, assistant superintendent, any captain or lieutenant of police, in case of retirement as now provided by law, shall receive relief not exceeding one hundred dollars per month; and in case of the death from injury or disease of any member of the police or fire department, if he be unmarried and leave a dependent mother, who is a widow, the same shall be for her relief during the period of widowhood, or if he leave a widow, or children under sixteen years of age, the same shall be for their relief during the period of widowhood, or until siuh children reach the age of sixteen years: Provided, That in no case shall the amount paid to such dependent mother or widow exceed fifty dollars per month, nor shall the amount paid for a child exceed twenty-five dollars per month." Approved, March 1, 1905. (33 Stats., 821.) For the relief of any fireman who shall by reason of injuries received or disease contracted in the line of actual fire duty, going to, at, or returning from a fire, or, having served not less than fifteen years 196 GOVERNMENT OF THE DISTRICT OF COLUMBIA. shall become so })ermanently disabled as to be discharged from service therefor, and in case of the death of such fireman from such injury or disease, leaving a mdow or children under 16 years of age, for their relief: Provided, That no fireman shall be entitled to any of the bene- fits of this relief fund who may by reason of his own indiscretion bring on any injury or disease which may incapacitate him from the j)erformance of his duties as a member of the fire department or who shall be retired for such cause or causes: Provided further, That such relief shall not exceed for any one fireman or his family the sum of $50 per month, and a sum not exceeding $75 may be allowed from such fund to defray the funeral expenses of any fireman dying in the service of the District. (29 Stats., 405.) "Sec. 4 a. That hereafter whenever any member of the fire depart- ment of the District of Columbia in the actual discharge of his duty shall become so disabled by injury as to require medical or surgical services or treatment other than such as can be rendered by the board of police and fire surgeons, the expense of such services or treatment may be paid from the firemen's pension fund: Provided, That no such expenses shall be paid except upon the recommenda- tion of the chief engineer of the fire department, approved by the Commissioners of said District, and such recommendation must be accompanied by a certificate from a member of the board of fire surgeons setting forth the nature and cause of the sickness or dis- ability which tendered such services or treatment necessary." Ap- proved, February 27, 1909. The present expenditures from this fund are about $37,000 per annum. HEALTH DEPARTMENT. The Commissioners appoint for such term of office as the}" tleem advisable a health oflPicer, 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 oflicer's duties are the medical inspection of the public schools; the enforcement of the laws and regulations wliich relate to the prevention of the sale and use of deleterious articles of food; the isolation of persons ill with contagious diseases, in order to prevent the spread of such diseases, and the prevention of the intro- duction of such diseases from other localities; the impounding of vicious and unlicensed dogs and of other animals unlawfully kept or at large; the prevention and abatement of nuisances injurious to health; the enforcement of the law for the prevention of the emission of dense black or gray smoke; keeping a record of vital statistics, and furnishhig transcripts of such records. GOVERNMENT OF THE DISTKICT OF COLUMBIA. 197 BOARDS OF MEDICAL EXAMINERS. The Commissioners of the District of Columbia appoint three boards of medical examiners. One of them is known as the board of medical examiners of the District of Columbia, and is composed of five physi- cians in good standing who are adherents to the regular system of medical practice. Another is know^n as the board of homeopathic medical examiners of the District of Columbia, and is composed of five physicians of good standing, adherents to the homeopathic system of medical practice, selected from a list of ten names submitted by a majority vote at some regular meeting of the Washington Homeo- pathic Medical Society. The other is known as the board of eclectic medical examiners of the District of Columbia, and is composed of five members in good standing, adherents to the eclectic system of medical practice, selected from a list of not less than ten names sub- mitted by a majority vote at some regular meeting of the Eclectic Medical Society of the District of Columbia. The members of each board serve for a term of three years each, or imtil their several successors are appointed. They must have been engaged in the practice of medicine and surgery in the District of Columbia for not less than five years at the time of appointment. In case of failure of the two medical societies to submit the lists men- tioned, after fifteen days' notice from the Commissioners, the Com- missioners may make appointments without such nomination. It is the duty of these boards to examine and certify to the board of medical supervisors the qualifications of all applicants for authority to practice medicine or surgery in the District of Columbia. A special board is appointed by the board of medical supervisors to make like certification as to applicants for authority to practice midwifery. It is the duty of the several boards of medical examiners to examine all applicants for license to practice medicine and surgery in the Dis- trict of Columbia certified to them respectively by the board of med- ical supervisors, in accordance with such rules as the board of medical supervisors, with the approval of the Commissioners, shall make. (29 Stats., 198.) For fees see "Methods of taxation." BOARD OF MEDICAL SUPERVISORS. The board of medical supervisors consists of the presidents of the three boards of medical examiners before mentioned and two other persons not physicians, one of whom shall be learned in the law, to be appointed by the Commissioners of the District of Columbia for a term of three years, or until their successors are appointed. Not more than two members of said board shall be adherents of any one 198 GOVERNMENT OF THE DISTRICT OF COLUMBIA. system of medical practice. The two lay membe s shall be paid such reasonable compensation as the Commissioners shall determine. The secretary of tliis board inaj be elected from others than its own members and be entitled to the same fees for taking testimony that are allowed an examinej- in chancery for such service. This board, or a majority thereof, iwij issue a license to each aj)pli- cant for authority to practice medicine, surgery, or midwifery in the District of Columbia who shall be found qualified therefor. No person shall so practice without such license, except su!"geons of the U. S. Armj", 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. But said prohibition shall not apply to the treatment of any case of actual emergency, to the prac- tice of massage or' the so-called Swedish movement cure, nor to the use of ordinary domestic lemedies, without fee, gift, or consideration of any kind. Any balance of the amount received for license fees lemaining after the regular expenses of the board shall be met shall be divided among the three boards of medical examines. (lb.) COMMISSIONERS OF PIIAKMACY. The Commissioners, biennially, or as often as vacancies occur, appoint three pharmacists and two physicians, all of whom shall have been residents of the District ol Columbia for five years and had at least five years practical experience in their respective professions, who shall be styled commissioners of pharmacy, and who serve as such, without compensation, until their successors are appointed and qualified. It is the duty of the commissioners of pharmacy to register all per- sons found qualified to practice the business of pharmacists in the Dis- trict of Columbia, as prescribed by law, and no person not so regis- tered shall conduct a store, pharmacy, or place for retailing, com- pounding, or dispensing drugs, medicines or chemicals for medicinal use or for compounding or dispensing physicians' prescriptions. The fees received by these commissione.s shall be applied in pay- ment of expenses incurred by them in executing the law-. (20 Stats., 138.) For rate of fees see under "Methods of taxation." I'-OARJ) OK DENTAL EXAMINERS. The Commissioners appoint, for terms of five years, a board of dental examiners, consisting of five reputable dentists, residents of, GOVERNMENT OF THE DISTRICT OF COLUMBIA. 199 and for tliree years immediately preceding their appointment actively engaged in the practice of dentistry in, the District. No person shall commence the practice of dentistry in the District ^\ ho has not received a certificate from the board of dental examiners that he is qualified to practice dentistry, which has been duly regis- tered with the health officer. The expenses of the board are paid from the fees received for making examinations of applicants for such certificates. (27 Stats., 42.) The rate of fees appears under ''Methods of taxation." STREET CLEANING. Many portions of the roadways of the paved streets are swept by horse machines under contract made for a period of five years. Other portions of such streets are cleaned l>y hand sweeping ma- chines, the operatives of which are employed by the superintendent of the street cleaning department, and uniformed in white to facilitate surveillance by the overseers and to secure neatness in theu* appearance. The unpaved streets and alleys are cleaned under two contracts also made for a term of five years. The daily area cleaned by hand in 1908 was 1,345,000 square yards. The hand sweeping machines are the property of the District. The machine cleaning is done under contract at 22f cents per 1,000 square yards. During the past year 1,157,000 square yards of paved surface were cleaned daily. The unimproved streets are cleaned by contract at the contract price of $73.80 per day. For this sum the contractor furnishes 34 laborers, 11 horses and carts with drivers, and all tools necessary to do the work. The area cleaned during 1908 was 97,000 square yards. The alley cleaning is done under contract at 40 cents per 1,000 square yards. During 1908, 47 miles of unimproved streets and avenues were sprinkled daily, the cost of which was $480,805. COLLECTION AND DISPOSAL OF CITY REFUSE. The Commissioners enter into contract for periods not exceeding five years each for the removal of ashes and miscellaneous refuse from private residences, and for the collection and disposal of gar- bage, dead animals, and other noxious refuse wherever found in the District, and prescribe regulations for the government of this branch of the public service. 200 GOVERNMENT OF THE DISTRICT OF COLUMBIA. All garbage collected must be disposed of through a reduction or consumption process in such manner a^ to entail no damage or claim against the District of Columbia from such disposal, and be sub- ject to the inspection and approval of the Commissioners. All gar- bage contracts expressly provide that no garbage or other vegetable or animal matter shall be dumped into the Potomac River or tiny other waters, fed to animals, or exposed to the elements upon land. The garbage so collected at present is carried by railroad down the west shore of the Potomac about 25 miles, to Cherry Hill, where it is converted into fertilizing material and other valuable by-products. The contract rate for the collection and disposal of garbage is $78,400 per annum. The contractors are required to make collections as follows: Daily throughout the year from markets, hotels, res- taurants, apartment houses, and such like places; daily, except Sun- day, from residences within the fire limits: and triweekly without the fire limits from May 1 to September 30, inclusive; and triweekly and semiweekly in the corresponding territorities during the balance of the year. In 1907, a total of 41,269 tons of garbage was collected and disposed of as against 39,975 tons the previous year, an increase of 1,294 tons. The contractor for miscellaneous refuse is required to collect weekly throughout the year, both within and without the fire limits, from private residences, apartment houses with not to exceed four families, and boarding houses with not to exceed 25 rooms. Ashes are collected from private residences, apartment houses with not to exceed four families, and boarding houses with not to exceed 25 rooms as follows: Semiweekly within the hre limits and weekly with- out the fire limits from November 1 to April 15, inclusive; and weekly, both Avithin and without the fire limits during the balance of the year. ELECTRICAL AND STREET-LIGHTING SERVICE. The fire-alarm and telephone systems belonging to the District government, the street-lighting service, and the construction and condition of all electrical installations are subject to the surveillance of the District official styletl "the electrical engineer." The street-lighting service consists of gas, electric, and oil lights; the use of the latter is almost entirely confined to the country roads and remote suburbs. The cost of this service is paid out of the pub- lic funds, except the expense of lighting streets on which steam rail- roads are operated, which is paid by the railroad companies to which the railroads so used belong, and the cost of lighting a small number of crossings, where suburban street railways and country roads intersect, which is paid by the street-railway company whose tracks are crossed by such roads. Both ,.ce in its vicinity are enforced by the harbor master, under the direction of the major and superin- tendent of police, who also performs many other germane services. His duties are facilitated by a steam vessel, and a crew, and several police officers subject to his direction. He is a lieutenant of police assigned to that duty. (33 Stat., pt. 1, 902.) WHARF PROPERTY AND HARBOR LINES. The Commissioners of the District of Columbia have exclusive juris- diction over all wharf property belonging to the United vStates or the District of Columbia in said District, and the waters adjacent thereto 204 GOVERNMENT OF THE DISTRICT OF COLUMBIA. within the pier lines, except from the north Une of the Arsenal grounds to the southern curb of N street south, and 500 linear feet of shore line in the flushing reservoir at the foot of Seventeenth street west and the western curb of said street, including a levee 100 feet wide. The Commissioners and the Chief of Engineers of the Army are authorized to make all necessary rules and regulations for the proper care of said propert}'^, and fix the rate of wharfage; but no lease shall extend beyonil the period of ten years. The Commissioners and the Chief of Engineers of the Army, with the approval of the Secretary of War, have fixed the harbor lines. (L. R. 107740; 30 Stats., 1377.) PUBLIC BATHS. A free public bathing beach was constructed on the shore of the tidal reservoir under authority of an act of Congress approved Sep- tember 6, 1S90, and was maintained until abandoned on September 1, 1902. Several pojids formerly used by the Fish Commission for purposes of fish cultun^ have been transferred to the District authorities for public baths, and are in course of adaptation to such use. The expense of management and maintenance is paid out of the Dis- trict's revenues, as other general expenses are met. A small fee is charged for the hire of bathing suits to bathers who do not use their own, and this fee is paid into the Treasury, as other revenues of the District are deposited. STEAM ENGINEERS. It is unlawful for any person (except engineers who have been licensed by the United States Government or the laws of any State) to act as steam engineer in the District of Columbia who shall not have been regularly licensed to do so by the Commissioners thereof, and have been examined by a board of examiners composed of the boiler inspector of the District of Columbia and two practical engi- neers to bo appointed by the District Commissioners, under rules and regidations the Commissioners from time to time provide. For fees see "Methods of taxation." Steam engine^ers must be at least 21 years of age and of temperate habits. The fee for a license as such is .|3 for original examination or promotion. For intoxication on duty, for the first offense the license shall be suspended for six months; for the second offense, twelve months; and for the third offense shall be revoked and the licensee ineligible for license for five years. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 205 Any owner or lessee of steam boiler or engine (except boilers used for steam heating, where the water returns to the l^oiler without the use of a pump antl injector or inspirator, and which are worked auto- matically), or the secretary of any corporation, who shall knowingly emplo};^ a steam engineer as such who has not been regularly licensed,, shall be fined $50, or in default confined one month in the workhouse. (24 Stats., 427.) PARKS AND PARKING. The parking and trees along the sidewalks are under the supervision and control of the Commissioners of the District. There are approximately 85,000 sidewalk trees. The large parks in the city, such as trhat around the White House and the Monument, the various parked squares, and the circles and triangular parks formed by the intersection of streets and avenues, are under the control of the officer in charge of public buildings and grounds, who is an officer of the Corps of Engineers of the Army. Rock Creek Park is under charge of a board of control composed of the Commissioners of the District of Columbia and the Chief of Engi- neers of the Army. It contains approximately 1 ,600 acres. (26 Stats., 492; 28 Stats., 252; 31 Stats., 573.) The Zoological Park contains approximately 175 acres and is under charge of the Secretary of the Smithsonian Institution. (25 Stats,, 808; 26 Stats., 78; 31 Stats., 561; 31 Stats., 622.) The Potomac Park contains 621 acres. It consists of the greater part of the large tract of land south of north B street which has been reclaimed from the Potomac River, and is under the general charge of the Chief of Engineers of the Army. (29 Stats., 624; 31 Stats., 622.) INSPECTION OF BOILERS. The inspector of boilers is appointed by the Commissioners, and required by law to examine and test once each year every steam boiler used by private persons in the District for developing power to operate machinery, and condemn for use those which he decides to be unsafe. He is entitled to exact a fee of S5, for each examination from the owner of each boiler he so tests, but receives no salary from the Dis- trict government for that service. (L. A., 433.) All boilers and engines shall also be subject to such safety tests as the Commissioners prescribe. (24 Stats., 427.) INSPECTION OF BUILDINGS. It is unlawful to erect, alter, repair, remove, or demolish any pri- vate building in the District without permission of the Inspector of Buildings and in accordance with the building regulations. The inspector is also charged with the duty of causing defective or dan- srerous structures to be demolished. 206 GOVERNMENT OK THE DISTRICT OF COLUMBIA. FEES FOR BriLDlX(; PEKMITS. The Commissioners of the District of Colinnl)iu are here!)}' author- ized and directed, from time "to time, to prescribe a schedule of fees to be paid for permits, certificates, and transcripts of records issued by the inspector of buildings of the District of Columbia, for the erection, alteration, repair, or removal of buildings and their appur- tenances, and for the location of certain establishments for which permits are now or hereafter may be required under the building regulations of the District of Columbia, said fees to cover the cost and expense of the issuance of said permits and certificates and of the inspection of the work, done under said permits; said schedule shall be printed and conspicuously displayed in the office of said inspector of buildings; said fees shall be paid to the collector of taxes of the District of Columbia and shall be deposited by liim in the Treasury of the United States to the credit of the revenues of the District of Columbia. (District of Columbia appropriation act. Mar. 3, 1909.) SEALEll OF WEIGHTS AND MEASUKES. The principal duty of the sealer of weights and measures is to I'equire that all scales, weights, and measures used b}" storekeepers and others to determine the weight or quantity of goods they buy or sell conform with the standard weight or size fixed by law and to affix his seal to those that are correct and destroy those that are not. The person by whom the scale or measure is used must pay a small fee for the service thus performed by this official. The fees so collected are paid into the Treasury as part of the District revenues. For fees see "Methods of taxation." This officer also lias unmediate supervision of the commissioners of flour, inspectors of wood, lumber, flour, boilers, and gauger of spirit- uous liquors, who receive the fees established by law for their services in lieu of salaries. SUPPLIES. The property clerk supervises the purchase and distribution of all supplies and stores for the use of the government of the District of Columbia. He gives bond in such sum as the Commissioners require. These supplies are furnished under contracts entered into with the lowest responsible bidders after due newspaper advertisement, except in cases of emergency, when special authority is given to purchase in open market. ' GOVERNMENT OF THE DISTRICT OF COLUMBIA. 207 INSPECTION AND MEASUREMENT OF FIREWOOD. Tt is contrary to law to sell any firewood brought into the District unless it has been inspected and approved b}^ an inspector and meas- urer appointed by the Commissioners for that purpose, whose duty it is to determine all questions as to the quality of the wood and as to its measurement, according to law. The compensation of these officials is derived from fees which are paid by the person who sells the wood. (W. D., 275; L. A., 176.) They get no salary from the District government. For rate of fees see "Methods of taxation." INSPECTION OF FLOUR. The Commissioners are required to appoint two inspectors of flour, whose duty it is to examine allfloursold within the District of Columbia, to ascertain whether it conforms in weight to the requirements of law and in quality to the standards fixed from time to time by the com- missioners of flour inspection. (30 Stats., 765; 31 wStats., 218.) For the rate of fees see ''Methods of taxation." COMMISSIONERS OF FLOUR INSPECTION. The Commissioners appoint three good and competent judges of flour who must be either practical millers, bakers, or flour merchants, as commissioners of flour inspection, to select standards for the guid- ance of the inspectors of flour. They are entitled to a fee of $5 each for each inspection on appeal. (30 Stats., 767.) INSPECTION OF GAS AND GAS METERS. The Commissioners appoint an inspector and assistant inspector of gas and meters, who are paid an annual salary as other salaries of the officers of the District government are paid, who must not be a stock- holder nor employee in any gas works. Their duty is to test and deter- mine the illuminating power and purity of the gas furnished by any company or person, and to test, prove, and seal all meters used by them. The assistant inspector must be a gas fitter by trade (18 Stats., 278). Both give bond in double the amount of their salary. The fees of the office must be deposited in the Treasury as other revenues. For the rate of such fees see under "Methods of taxation." INSPECTION OF LUMBER. All boards, plank, joist, scantling, and timber brought to and offered for sale in the District, which have not previously been inspected and measured and not marked with such measurement by an inspector and measurer of lumber duly appointed by the Commissioners, must be 7498ti— 09 14 208 GOVERNMENT OF THE DISTRICT OF COLUMBIA. inspected and measured by one of those officials, of whom there are five, wlio are entitled to receive for such services a fee of 30 cents per 1,000 feet B. ^f., one-half of which shall be paid by the buyer and the other half by the seller. (W. D., 252, 461 ; L. A., 170, 258.) INSPECTION OF PLUMBING. It is the duty of the inspector of phinibini!; to require all plumbing, drainage, and sewerage work in connection with private premises to be done in accordance with the plumbing regulations. (27 Stats., 21.) He shall inspect, or cause to be inspected by his assistants, all houses when in course of erection in said District to see that the plumbing, drainage, and ventilation of sewers thereof conform to the regulations. Also, at any time during reasonable hours, on application of the owner or occupant, or the complaint under oath of any respectable citizen, to inspect, or cause to be inspected, any house in said District, and to examine the plumbing, drainage, and ventilation of sewers thereof. It is also liis duty to examine and pass upon all plans and specifica- tions filed in his office for proposed plumbing work and house drainage under the plumbing regulations. He also examines and considers, in connection with the health office, all plans for sewage disposal by means of broad irrigation or subsoil irrigation. PLUMBING BOARD. The plumbing board consists of two master plumbers, one journey- man plumber, and two employees of the District of Columbia having a knowledge of plumbing, gasfitting, and sanitary work, all appointed by the Commissioners. A majority of said board is a quorum. (30 Stats., 477.) It is the duty of the plumbing board to examine all applicants for license as master plumbers or gas fitters and to report the results of examinations to said Commissioners, who issue a license to the appli- cant if satisfied that he is duly qualified. For fees see "Methods of taxation." 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 must be done before the hay can be sold. (L. A., 367.) The weighmaster is not appointed like other officers of the District, but is a person who has bought at a public auction sale, which is held each year about the 1st of July, the right to use the public scales for one year and exact from persons \\ hose produce or animals he weighs the fees prescribed by law for his services, for rates of which see schedule of fees vmder heading: "Methods of taxation." GOVERNMENT OF THE DISTRICT OF COLUMBIA. 209 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, 495) ; one at Twenty-first and K streets NW., called the "Western Market" (L. A., 217); and one in Georgetown, called the "Georgetown Market" (Acts of Georgetown, August 8, 186.3). The receipts from these markets during the fiscal year ended June 30, 1908, were $17,729.57, and the authorized expenditures were $10,236.30, including $700.21 for repairs. CORONER. It is the duty of the coroner to hold an inquest over any dead per- son where the manner and cause of death are not known to be acci- dental or in the course of nature and to report to the grand jury the facts ascertained at inquests in all cases where the circumstances seem to require judicial investigation. (L. A., 174, 248, 292; 21 Stats., 461.) His duties in case of absence or disability are performed by a deputy coroner. (28 Stats., 488.) The total number of deaths investigated by the coroner during the fiscal year 1902 was 865, of which 218 were from accidents and other forms of violence. JUDICIARY. The judiciary of the District of Columbia consists of a court of appeals, a supreme court, a police court, the municipal court, a number of United States commissioners, and a juvenile court. The court of appeals of the District of Columbia consists of a chief justice and two associate justices. The compensation of the chief justice is $7,500 per annum and that of the associate justices $7,000 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 this court extends to the review of the final orders and judgments of the supreme court of the District, and from such of its interlocutory orders as the court of appeals may allow in the interest of justice. It also has jurisdiction in cases of suits and controversies in law and equity arising under the patent or copyright laws, and damages for the infringement of any patent by action on the case in accordance with sections 4919, 4920, 4921, chapter 1, Title LX, Revised Statutes of the United States. Any ]3arty aggrieved by the decision of the Commissioner of Patents in any interference case may appeal therefrom to the court of appeals. 210 GOVERNMEN1 <>F THK DISTRICT OK COUTMBIA. All appeal lies from the liiial judgment or decree of tlie court of appeals to the Su})reme 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 copyright, or in which is drawn in question the validity of any statute of or an authority exercised under the United States. The supreme court of the District of Columbia consists of one chief justice, with five associate justices, whose compensation is S6,000 per annum each. The members of this court are appointed by the Presi- dent of the United States and confirmed by the Senate, and hold office during good behavior. This court is a court of general jurisdiction, and it also has the same powers and exercises the same jurisdiction as the circuit courts of the United States. It has cognizance of all crimes and offenses claintiff or complainant, and of all seizures on land or on water, antl of all penalties and forfeitures arising or accruing under the laws of the United States. It is invested with jurisdiction to issue writs of mandamus to executive officers of the Federal and municipal govern- ments, it has also appellate jurisdiction over justices of the peace. It has jurisdiction of all applications for divorce, and may entertain petitions for change of name; and it has concurrent jurisdiction with 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, a dis- trict 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 by the President of the United States for a term of six years. The jurisdiction of the court extends to the disposition of cases involving minor offenses against the criminal laws and the holding of persons brought before it for the action of the grand jury. Appeals lie from this court to the court of appeals. The judge of the juvenile court is appointed by the President of the United States for a term of six years, and is entitled to a salary of $3,000. The juvenile court of the District of Columbia has original and exclusive jurisdiction of all crimes and offenses of persons under seventeen years of age hereafter committed against the United States, not capital or otherwise infamous, and not punishable by imprison- ment in the penitentiary, committed within the District of Columbia except libel, conspiracy, and violations of the post-oflice and pension laws of the United ^States, and also of all offenses of persons under seventeen vears of age hereafter committed against the laws, ordi- GOVERNMENT OF THE DISTRICT OF COLUMBIA. 211 nances, and regulations of the District of Columbia, and shall have power to examine and commit or hold to bail all persons under seventeen years of age, either for trial or further examination, in all cases, whether cognizable therein or in the supreme court of the District of Columbia; all the powers and jurisdiction conferred by the Act entitled "An act for the protection of cliildren, and so forth," approved February thirteenth, eighteen hundred and eighty-five, upon the police court of the District of Columbia; of all cases involv- ing the legal punishment of children under the provisions of ' 'An act to provide for the care of dependent children in the District of Columbia and to create a Board of Children's Guardians," approved Jul}^ twenty-sixth, eighteen hundred and ninety-two, and of the acts amendatory thereof; also of all cases under the provisions of "An act to enlarge the powers of the courts of the District of Columbia in cases involving delinquent children, and for other purposes," approved March third, nineteen hundred and one; and concurrently \vith the criminal court, have and exercise all the powers and juris- diction conferred by said last-mentioned act upon the police court of the District of Columbia in the case of parents or guardians who shall refuse or neglect to provide food, clothing, and shelter for am'^ child under the age of fourteen years; may impose contlitions upon any person found guilty under the said last-mentioned act, and so long as such person shall comply therewith to the satisfaction of the court may suspend sentence, and may impose similar conditions in all cases of dependent or delinquent children cognizable under exist- ing laws in any court of the District of Columbia, except in the cases hereinbefore already excepted. The said juvenile court may also hear, try, and determine all cases of persons less than seventeen years of age charged with habitual truancy from school, and in its discretion to commit them to the Board of Cliildren' s Guardians, who are hereb}" given the care and supervision thereof when so committed. No person under seventeen years of age shall hereafter be placed in any institution supported wholly or in part at the public expense until the fact of delinquency or dependency has been first ascertained and declared by the said juvenile court. All children of the class now liable to be committed to the Reform School for Boys and the Reform School for Girls shall hereafter be committed by the juvenile court to said schools respectively. All other children delinquent, neglected, or dependent (with the exceptions hereinbefore stated) shall hereafter be committed by the juvenile court to the care of the Board of Children's Guardians, either for a limited period on proba- tion or during minority, as circumstances may require, and no cliild once committed to an}' public institution by the order of the juvenile court shall be discharged or paroled therefrom or transferred to another institution without the consent and approval of the said court. March 10, 1906 (34 vStat., part 1, 73). The juvenile court of 212 GOVERNMENT OF THE DISTKK'T OF COLUMBIA. llio District of Columbia .shall iuivc power to issue execution on all forfeited recognizances upon motion of the proper prosecuting ollicer, and all writs of fieri facias o\- otlier writs of execution issued by said court shall be directed to and executed by the marshal of the District of Columbia. And any lecognizance taken in the jm^enile court, after being forfeited, may be transmitted to the clerk's oilice of the supreme court of the District of Columbia and therein docketed in the same manner as forfeited recognizances taken in tlie police court are now docketed, and thereupon shall have the same efl'ect as if taken in said supreme court; and said lien shall continue as long as such judgment, decree, or recognizance shall be in force or until the same shall be satisfied or discharged. Approved. March 4, 1009. THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA. The inferior court known as ''justice of the peace" in the District of Columbia shall remain as now constituted, but shall hereafter be known as "the municipal court of the District of Columbia." It shall consist of the present justices of the peace of said District, wdio shall serve as the judged of said court for the unexpired terms of their now existing commissions, and who shall not be required to be recom- missioned for said unexpired terms. Thereafter, and upon the expira- tion of the commission of any of said members, his successor shall be appointed by the President of the United States, by and with the advice and consent of the Senate, for a term of four years, unless sooner removed as })rovided by law: Provided, That no person shall be appointed to said office unless he shall have been a bona fide citizen and resident of said District for tlu^ continuous period of at least five years immediately preceding his appointment, and shall either have been a judge of said court for at least one year, or shall have been engaged in the actual practice of law before the supreme court of the District of Columbia for a period of at least five years prior to his appointment. P.ach judge, when appointed, shall take an oath for the faithful and impartial performance of the duties of his office. The judges of said court shall no longer be required to give bond as heretofore, but a bond shall be given by the clerk of said court, who shall receive and account for all fees as hereinafter provided. Said municipal court shall sit for the trial of causes in one building to be designated by the Commissioners of the District of Columbia, to be rented by said District of Columbia at a rental not to exceed one thousand eight lumdi'ed dollars per annum: Provided, That the first vacancy occurring in the office of judge in the municipal court of the District of Columbia, after the passage of this act shall not be filled, and thereafter the number of said judges shall be five only. GOVERISTMENT OF THE DISTRICT OP COLUMBIA. 213 The said court and each member thereof shall exercise the same jurisdiction as was vested in them as justice of the peace immediately before the passage of this act, and no more, and shall be governed by the laws then in force, except, as said laws and said jurisdiction are expressly changed or enlarged hereby. Any member of said court may try any case within its jurisdiction according to law, regardless of the place and residence of the defendant therein. The jurisdiction of said court is hereby increased from three hundred to five hundred dollars in the class of cases over which it had jurisdiction immediately prior to the passage of this act; that said jurisdiction shall be exclusive when the amount claimed for debt or damages or the value of personal property claimed does not exceed one hundred dollars, and concurrent with the supreme court of the District of Columbia when it exceeds one hundred dollars and is not in excess of five hundred dollars, with the same right to remove any case by certiorari, as heretofore, in cases of concurrent jurisdiction. All pending actions and all actions hereinafter instituted shall be assigned for trial among the members of said court in nearly equal numbers and in such manner as may be agreed upon between them. The judges of said court shall hold separate sessions as heretofore, and are empowered to make rules for the apportionment of the business between them, and the act of each of said judges respecting the busi- ness of said court shall be deemed and taken to be the act of said court. Each of said judges is hereby empowered to administer oaths. The judges of said court shall receive the annual salary of two thousand five hundred dollars in lieu of the salary heretofore provided for justices of the peace by section six of the Code of Law for the District of Columbia, to be paid monthly as heretofore, but they shall not receive the allowance heretofore granted for rent, stationery, and other expenses. In case of sickness, absence, disability, expiration of term of service of or death of either of the judges of the police court or of the juvenile court, any one of the justices of the supreme court of the District of Columbia may designate one of the judges of the municipal court to discharge the duties of said judges until such disabihty be removed or vacancy filled. The justice so designated shall take the same oath prescribed for these judges. The said court shall have power to appoint a clerk at an annual salary of one thousand five hundred dollars and an assistant clerk at an annual salary of one thousand dollars, payable monthly by the District of Columbia, which clerks shall hold office at the pleasure of the court. The clerks shall receive and care for all deposits for costs made and fees exacted under the rules governing the fee charges of said court, and shall make a weekly deposit with the collector of taxes for the District of Columbia of all fees earned during the preceding week. 214 GOVERNMENT OF THE DISTRICT 01' COLUMBIA. He shall return to suitors making such deposits any proportion of a deposit which shall remain in his hands over and above the earned fees in completed cases, and shall render an itemized statement to the auditor of the District of Columbia of every fee earned, on such forms and in such manner as shall ))e prescribed by the auditor of the District of Columbia. In case there shall remain in the hands of the said clerk for a term of three years a balance or part of a deposit in any case which shall not have been called for by the party or jnirties entitled to receive the same, the same shall revert to the District of Columbia, and be paid forthwith to the collector of taxes as part of the revenues of the District of Columbia. In all suits in said court process shall be signed by the said clerk or assistant clerk in the name of the court. The assistant clerk may sign the name of the clerk to any official act required by law or by the practice of the court to be performed by the clerk. In such case the signature shall be ' ' , Clerk, by , Assistant Clerk." Both the clerk and assistant clerk are hereby given authoritj^ to ad- minister oaths in all cases pending in said court, or about to be filed therein. The clerk shall perform such other and further duties as may from time to time be prescribed by the municipal court. He shall give bond to the District of Columbia in the sum of five thousand dollars, with surety or sureties to be approved by the Com- missioners of the District of Columbia, for the faithful performance of the duties of his office, and the assistant clerk shall give a like bond in the sum of two thousand dollars : Provided, That the expenditures to be incurred under any of the provisions of this act shall not in any case exceed the total amount of revenues and fees of the said municipal court. The said clerk shall keep a docket similar to the one heretofore pro- vided for justices of the peace. Approved, February 17, 1909. The United States commissioners 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 before them shall be brought lief ore the grand jury. STATUTE LIMITATIONS. The statute limitations are: Regaiding judgments, twelve years; notes, three 3^ears, and open accounts, three years. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 215 LEGAL RATE OF INTEREST. The legal rate of interest, in the District is 6 per cent per annum where no rate is specified, but contracts may be made for any rate not exceeding 10 per cent per annum. (Code of Law, D. C, sees. 1178, 1179.) The rate of interest on judgments against the District of Columbia is 4 per centum (32 Stat.-, pt. 1, 610). 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 appli- cable to the condition of the people, and the enactments of the provin- cial and State legislatures of Maryland. This law was continued in force in the District of Columbia by an act of Congress of February 27, 1801. It has been modified by subsequent laws of Congress, the numerous laws and ordinances of the municipal corporations which have existed in the District ; by the orders made by the Commissioners in pursuance of the acts of Congress granting to them the power to make police and other municipal regulations, and recently by a code of law which Congress 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 municipal and judicial officers, officers and ex-officers of the United States Army and Navy, officers who have served for five years in the militia of the District or of any State of the United States, ministers of religion, practicing physicians, railroad conductors and engineers, policemen, firemen, idiots, lunatics, drunkards, paupers, and persons convicted of infamous crimes, except as it may be modified by the act of Congress approved January 21, 1903, entitled "An act to promote the efficiency of the militia, and for other purposes." (See also act approved Feb. 18, 1909.) RELIGION. The first amendment to the Constitution of the United States, which provides that "Congress shall make no law respecting an establish- ment of religion or prohibiting the free exercise thereof," precludes legislation on that subject in the District of Columbia, in view of the fact that Congress exercises exclusive legislative authority at the seat of crovernment. 216 GOVERNMENT OF THE DISTRICT OF COLTTMBIA. SEAL. The seal of the District of Columbia was adopted by the act of the legislative assembh', as follows: AN ACT adopting a seal for the District of Columbia. Be it enacted hij the legislative assembly of the District of Columbia, Thai tlu' following design be, and the same hereby is, adopted for the seal of the District of Columbia. [Here follows design.] Sec. 2. And be it further enacted, That the secretary of the District shall have the official charge and custody of said seal. Sec. 3. And be it further enacted, That the use of said design, as the seal of the Dis- trict, by the executive department of the District government is hereby approved and legalized. Sec. 4. And be it further enacted, That in view of the emergency arising from the necessity for and use of the seal of the District, this act shall go into effect imme- diately upon its passage. Approved, Augusts, 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," approved February 21, 1871 (16 Stats., 419). The office of the secretary of the District of Columbia, in whose custody the seal was placed by that act, was abolished by the act of June 20, 1874, 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, "1871," and the word on the book on the arm of the female figure is ''Constitution," in three lines of four letters each. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 217 List of the principal municipal authorities of the cities of Washington, and Georgetown and of the District of Columbia. COMMISSIONERS TO LAY OUT THE CITY OF WASHINGTON. Thomas Johnson, Maryland Daniel Carroll, Maryland David Stuart, Virginia.^. Gustavas Scott, Maryland Wm. Thornton, Pennsylvania. Alexander White, Maryland . . . William Cranch, Maryland Tristam Dalton, Maryland Period. MAYORS OF THE CITY OF WASH- INGTON. Robert Brent Daniel Rapine James H. Blake Benjamin G. Orr Samuel N. Smallwood. Thomas Carlserry Roger C. Weightman Joseph Gales, jr John P. Van Ness William A. Bradley Peter Force William Winston Seaton. Walter Lenox John W. Maury John T. Towers William B. Magruder James G. Berret R ichard Wallach Sayles J. Bowen Matthew Gault Emery . . MAYORS OP THE CITY OF GEORGE- TOWN. Roliert Peter Lloyd Beall Daniel Rentzel Thomas Corcoran David Wiley John Peter Henry Foxhall John Cox Henry Addison Richard R. Crawford Charles B. Welch Henry M. Sweeney.. June, 1802, to June, 1812. June, 1812, to June, 1813. June, 1813, to June, 1817. June, 1817, to June, 1819. June, 18U), 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, June, 1834. June, 1834, June, 1836. June, 183(i, June, 1840. June, 1840, June, 1850. June, 1850, June, 1852. June, 1852, June, 1854. June, 1854, June, 185(). June, 185(i, June, 1858. June, 1858, Aug. 24, 1861. Aug. 26, 1861, to June, 1868. June, 1868, to June, 1870. June, 1870, to June, 1871. 1789 to 1798. 1798 to 1803. 1803 to 1805, and 180(i to 1808. 1805 to 1806, and 1808 to 1811, and 1812 to 1813, and 1818 to 1819. 1811 to 1812. 1813 to 1818, and 1821 to 1822. 1819 to 1821. 1822 to 1845. 1845 to 1857, and 1859 to 1857. 1857 to 1859. 1867 to 1869. 1869 to 1871. to to to to to to to Name. GOVERNORS OF THE DISTRICT AND EX OFFICIO PRESIDENTS OF THE BOARD OF PUBLIC WORKS. Henry D. Cooke Alexander Robey Shepherd DELEGATE TO CONGRESS. Norton P. Chipman SECRETARIES. Norton P. Chipman Edwin L. Stanton Richard Harrington BOARD OF PUBLIC WORKS. Henry D. Cooke Alexander Robey Shepherd. S. P. Brown A. B.Mullett James A. Magruder .Vdolph Cluss Henry A. Willard John B. Blake BOARD OF HEALTH. N. S. Lincoln T. S. Verdi H. A. Willard John M. Langston. , John Marbury, jr.. D. Willard Bliss... Robert B. Warden. Christopher C. Cox. COMMISSIONERS OF THE DIS- TRICT OF COLUMBIA. Temporary government. William Dennison Henry T. Blow John H. Ketcham Seth Ledyard Phelps. Period. Thomas B. Bryan, succeeded Ketcham. Capt. Richard L. Hoxie, engi- neer to the Board of Com- missioners. William Tindall, secretary to the board. The law made no provision for a president to this board of temporary Commissioners, and none was ever elected, but Commissioner Dennison acted in that capacity at all board sessions when he was present. Feb. 28, 1871, to Sept. 13, 1873. Sept. 13, 1873, to June 20, 1874. Apr. 21, 1871, to Mar. 4, 1875. Mar. 2, 1871, to Apr. 21, 1871. May 19, 1871, to Sept. 22, 1873. Sept. 22, 1873, to June 20, 1874. While governor. Mar. 16, 1871, to Sept. 13, 1873, and while gov- ernor. Mar. 16, 1871, to Sept. 13, 1873. Mar. 16, 1871, to June 2, 1873. Mar. 10, 1871, to June 20, 1874. Jan. 2, 1873, to June 20, 1874. May 22, 1873, to June 20, 1874. Sept. 13, 1873, to June 20, 1874. Mar. 15, 1871, to Mar. 22, 1871. Mar. 15, 1871 to July 1, 1878. Mar. 15,1871; de- clined ap- pointment. Mar. 15, 1871, to Nov. 10, 1877. Mar. 15, 1871, to July 1, 1878. May 23, 1872, to July 1, 1878. Nov. 10, 1877. to July 1, 1878. Apr. 3, 1871, to July 1, 1878. Julyl, 1874, to July 1, 1878. July 1, 1874, to Dec. 31, 1874. July 3, 1874, to June 30, 1877. Jan. 18, 1875, to June 30, 1878. Dec. 3, 1877, to July 1, 1878. July 2, 1874, to July 1, 1878. 218 (JOVERNMKNT oK THK DISTRICT OF COLUMBIA, List of the principal municipal authorities of the cities of Washington and Georgetown and of the District of Columbia — Continued. Period. COMMISSIONERS OF THE DISTRICT OF COLUMBIA — continued. Permanent form, uf govemmtnl. Josiah Dent Seth Ledyard Phelps Maj. William Johnson Twining .. Thomas PhiUips Morgan Maj. Garrett J. Lydecker Joseph Rodman West James Barker Edmonds William Benning Webb Samuel Edwin Wheat ley Col. WiUiam Ludlow Maj. Charles Walker Raymond. . . John Watkinson Douglass Lemon Galpin Hine Lieut. Col. Henry Martyn Robert. John Wesley Ross Capt. William Trent Rossell . Myron Melville Parker Maj. Charles Francis Powi II.. George Truesdell Capt. William Murray Black. John Brewer Wight Henry Brown Floyd Max-far.- land. Capt. Lansing Hoskins Beach . . . Col. John Biddle Henry Litchfield West . . . . Maj. Jay J. Morrow Maj . Spencer Cosby -Maj. William V. Judson .. Julv 1, 1878, to Jhlv 17, 1882. Julv "l, 1878, to Nov. 29, 1879. June 29, 1878, to May 5, 1882. Nov. 29. 1879, to Mar. 8, 1883. May 11, 1882, to Apr. 1, 1880. July 17, 1882, to July 22, 1885. Mar. "3, 1883, to Apr. 1, 1880. July 22, 1885, to May 21, 1889. Apr. 1, 1880, to Mav 21, 1889. April 1, 1880, to Jan. 27, 1888. Jan. 27, 1888, to Feb. 3, 1890. May 21, 1889, to Fel). 28, 1893. Mav 21, 1889, to .Sept. 30, 1890. Feb. 14, 1890, to Oct. 14, 1891. Oct. I. 1890, to Julv 29, 1902. Oct. 15, 1891, to Mav 8, 1893. Feb. 20, 1893, to Mar. 9, 1894. Mav 8, 1893, to Mar. 1, 1897. Mar. 10, 1894 to May 7, 1897. Mar. 2, 1897, to Mav 31, 1898. Mav^ 8, 1897, to May 8, 1900. May 9, 1900. June 1, 1898, to Nov. 1, 1901. Nov. 1, 1901, to Mav 1, 1907. Oct. 16, 1902. Mav 2, 1907, to Dec. 21, 1908. Dec. 21, 1908, to Mar. 15, 1909. Mar. 15, 1909 Name. ASSISTANTS TO ENGINEER COM- MIS.SIONERS. Permanent form of government— Continued. Capt. R. L. lloxie Capt. F. V. Greene Lieut. C. McD. Townseiid Capt. F. A. Mahan Capt. Eugene Griffin Capt. Thos. W. Synioiis Capt. S. S. Leach Capt. J. L. Lusk Capl. Wni. T. Kossi'll Capt. (iustav J. Ficbegcr.. Capt. George McC. Derliy. Capt. Edward Burr Capt. Lansing TI. Beacli. . Capt. William E. Craighi'.l. . Capt. David Du B. Gaiil.nd. Capt. II. C. Newcomer Capt. Chester Harding Capt. Jay J. Morrow Capt. William Kelly Capt. Edward M. Markhani. SECRET.VRY TO THE liOARD William Tindnil July 21, 1878, to Aug. 1, 1884. May 2, 1879, to Mar. 3, 1SS5. Aug. 1, 1884, to Mar. (i, 188(1. Mar. 25, 1885, to May 27, 1880. Mav 27, 1880, to Mar. 0, 1888. June 5, 1880, to Nov. 1, 1889. Mar. 0, 1888, to June 2, 1888. June 2, 1888, to Mar. 1, 1893. Nov. 1, 1889, un- til detailed as a Commissioner, District of Co- lumbia, Oct. 15, 1891. Oct. 31, 1891, to Mav 27, 189(i. Mar.'l, 1893, to Oct. 8, 1894. Oct. 9, 1894, to Apr. 28, 1898. Oct. 30, 1894, un- til detailed as a Commissioner, District of Co- lumbia, June 1, 1898. Feb. 28, 1899, to Sept. 15, 1899. July 21, 1899, 1o Mar. (), 1901. Dec. 27, 1899, to Dec. 23, 1903. Apr. J6, 1901, to Oct. 1, 1900. Jan. 4, 1904, until sworn as a Commission- er, District of Columbia, May 2, 1907. Sept. 29, 1900. Aug. 14, 1907. From Julv 1. 1 S7S. GOVERNMENT OF THE DISTRICT OF COLUMBIA. 219 ORGANIZATION OF BOARDS OF COMMISSIONERS UNDER ACT OF JUNE 11, 1878. First Board. — Seth Lcdyard Phelps, nonpartisan, president; Josiah Dent, Demo- crat; Maj. William Johnson Twining. From July 1, 1878, to November 29, 1879. Second Board. — Josiah Dent, president; Thomas Phillips Morgan, Republican; Maj. William Johnson Twining. From November 29, 1879, to May 13, 1882. Major Twining died May 5, 1882. Third Board. — Josiah Dent, president; Thomas Phillips Morgan, Maj. Garret J. (^initial only) Lydecker. From May 13, 1882, to July 17, 1882. No reelection of the president of the Board. Fourth Board. — Joseph Rodman West, Republican, president; Thomas Phillips Morgan, Maj. Garret J. Lydecker. From July 17, 1882, to March 8, 1883. Fifth Board. — Joseph Rodman West, president to March 29, 1883; James Barker Edmonds, Democrat; Maj. Garret J. Lydecker. James Barker Edmonds, president from March 29, 1883; Joseph Rodman West, Maj. Garret J. Lydecker. From March 8, 1883, to July 22, 1885. No reelection of president of the Board. Sixth Board. — James Barker Edmonds, president; William Benning Webb, Repub- lican; Maj. Garret J. Lydecker. From July 22, 1885, to April ]. 1886. President of the Board reelected. Seventh Board. — William Benning Webb, president; Samuel Edwin Wheatley, Democrat; Col. William Ludlow. From April 1, 1886, to January 27, 1888. . Eighth Board. — ^William Benning Webb, president; Samuel Edwin \Mieatley, Maj. Charles Walker Ri%mond. January 27, 1888, to May 21, 1889. No reelection of president of the Board. Ninth Board. — John Watkinson Douglass, Repul:)licau, president; Lemon Galpin Hine, Democrat; Maj. Charles Walker Raymond. From May 21. 1889, to February 14, 1890. Tenth Board. — John Watkinson Douglass, president; Lemon Galpin Hine, Lieut. Col. Henry Martyn Robert. From February 14, 1890, to October 1, 1890. President reelected. Eleventh Board. — John Watkinson Douglass, president; John Wesley Ross, Demo- crat; Lieut. Col. Henry Martyn Robert. From Octolier 1, 1890. to October 15, 1891. No reelection of president of the Board. Twelfth Board. — John Watkinson Douglass, president: John Wesley Ross, Capt. William Trent Rossell. From (October 15, 1891, to March 1, 1893. President of the Board reelected. Thirteenth Board. — John Wesley Ross, president; Myron Melville Parker, Repub- lican; Capt. William Trent Rossell. From March 1, 1893, to May 8, 1893. Fourteenth Board. — John Wesley Ross, president; Myron Melville 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 Trufsdell, Republican; Capt. Charles Francis Powell. From March 10, 1894, to March 2. 1897. President of the Board reelected. Sixteenth Board. — John Wesley Pioss, president; George Truesdell, Capt. William Murray Black. From March 2, 1897, to May 8, 1897. No reelection of president of the Board. Seventeenth Board. — John \\'esley Ross, president ; John Brewer Wight, Republican ; Capt. William Murray Black. From May 8, 1897, to June 1, 1898. The last Board meeting at which Commissioner Black was present was held on May 26, 1898. Capt. Lansing H. Beach acted in his stead from that date until Juno 1, 1898. President of the Board reelected. Eighteenth Board. — .Tohn Brewer Wight, president; Jdliii WchIcv Ross, Capt. Lan- sing Hoskins Beach. From June 1, 1898, to May 9, 1900. 2'2i) GOVERNMENT OF THE DISTRICT OK COLUMBIA. Xineteenth Board. — Heniy Brown Floyd Macfarland, Ilepiililican, president; John Wesley Ross, Oapt. Lansing Hoskins Beach. From May 9, 1900, to October 31, 1901. Twentieth Board. — Henry Brown Floyd Macfarland, president; John Wesley Ross, Maj. John Biddle. From November 1, 1901, to July 29, 1902, on which date Com- missioner Ross died. President of the Board reelected. Twenty-first Board. — Henry Brown Floyd Macfarland, president; Henry Litchfield West, Democrat; Col. John Biddle. From Octol)er Ifi, 1902. President of the Board reelected. Twenty-second Board. — Henry Brown Floyd Macfarland, president; Henry Litch- field W'est, Capt. Jay J. Morrow. From May 2, 1907. President of the Board reelected. * Twenty-third Board. — Henry Brown Floyd Macfarland, president of the Board; Henry Litchfield West, Maj. Spencer Cosby. From December 21, 1908. Twenty-fourth Board. — Henry Brown Floyd Macfarland, president of the Board; Henry Litchfield West, Maj. William V. Judson. From March 15, 1909. President of the Board reelected. IISTDEX Alexandria County: Page. Created 14 Retrocession of, to Virginia 14 Aliens, own'ership of land in the District by 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 160 Of steam railroads for street lighting, etc 160 For cost of erection of fire escapes 160 For removing snow, ice, etc 160 For paving streets adjacent to tracks 160 Of personal property 161 Of real property 144 For sidewalks, sewers, and curbing 152,' 153 For house connections 152, 157 For water mains 152, 154 For removing dangerous structures, etc 158 For removal of weeds 159 For drainage of lots 159 Of railroad companies for special policemen at crossings 159 Assessor and assistant assessors: Duties of 144 Salary of 144 Appointment of 144 Constitute board of review 144 Public inspection of records of 147 Assistants to the Engineer Commissioner: Details and duties of 116, 125, 141 List of 214 Auditor, District of Columl)ia, duties of, etc 178 Avenues in the city of Wasliington, naming, width, etc 25 Bathing beach 204 Board — Of assistant assessors. Of personal-tax appraisers 161 Of personal-tax appeals 162 Board of charities, appointment and duties of 184 221 222 INDEX. Board of Children's Guardians: Page. Appointment and duties of, etc 185 Power in re delinquent children 186 Board of Commissioners, organization of, etc 215 Board of dental examiners 199 Board of education 182 Board of eciualization and review: How constituted 144 Power and duties f)f 145 Time of meeting 145 Shall hear appeals from yearly assessments 145 Board of health, list of members 214 Board of medical examiners, appointment, term, duties, etc 197 Board of medical supervisors 198 Board of public works, list of members 213 Boilers, inspection of 206 Bon.l: Of Commissioners 142 Of assessor 144 Of contractors 180 Biennial examination of official 181 Renewal of official 181 Buildings: Annual listing of, for taxation 145 Damaged or destroyed, assessment shall be reduced 145 Inspection of 306 Number of new, since 1879 206 Boundaries of the District of Columbia 9. 14 Boundaries of Georgetown 26 Boundary of the city of Washington 18 Carrollsburg 10 Census of the District of Columbia 15 Cert ificates of taxes and assessments 150 Color, penal discrimination on account of, abolished 16 Commissioners appointed to lay out District 7, 8. 23 Commissioners of the District of Columbia: Appointment of, tenure of office and qualifications 141 Appointment and removal from office by 143 Board of, for transaction of business 142 presitlent of 1 17, 142 quorum of 142 Boards ot, list of 215 Bond of 142 Duties of, general 143 subdivision of 142 ex officio 142 Estimates of expenses for each fiscal year must be 8ul)mitted l)y 143 List of 214 Oath of, office of 142 Obligations, shall not incur without authority of Congress 143 Political status of 142 Salary and Iwnd of 142 INDEX. 223 Page. Commissioners of pharmacy, appointment and duties of • 198 Congress of the United States: Jurisdiction of, over the District of Columbia to be exclusive G time of vesting of 11 . Meetings of — First in the District of Columbia 12 Previous places of 13 Contracts: For public works, etc., in the District nf Colunihia 122, 180 Coroner, duties, etc 209 Counties, division of the District into 14 Courts of the District of Columbia. 209 Dangerous structures, removing of 159 Delegate to Congress 29, 213 Dental examiners 199 Departments of General Government, transfer of, to the District of Columl)ia. . . 12 Disbursements of moneys of the District of Columbia ]21, 178 District of Columbia: Authority for the establishment of G Boundary lines of 9 Census of 15 Cession of land by Virginia and Maryland for 8 Commission appointed to lay (nit 7 Congress to exercise exclusive jurisdiction dvcr fi Divided into counties 14 Governor of, appointment of 29 House of delegates created for 29 Incorporating of 29 Location and topography of 5 Map of 9 Municipal government of, iirst established 29 as first established, abolished 29 present form established 29 Naming of 11 Officials of 214 Organic law of 115 Part ceded by Virginia retroceded 14 Present form «f government for 29, 141 President's arrival in 12 Seat of government of the United States to be in 6 Site of, accepted 10 Sites, first selected for 7 Slavery, abolition of, in 15 Towns within boundaries of, at time of cession 10 Drainage of lots, assessment for 159 Electrical department 201 Engineer Commissioner: Detail and duties of ; 116, 141 Detail and qualifications of assistants to 116, 141 Assistants to 116, 141, 214 Estimates for the support of tlie government shall be submitted by Commis- sioners 143 Excise board 178 74986—09 15 224 INDEX. Exemptions — Page. Of real property from taxation 147 special assessments 151 Of personal property 1(>4 Expitures (see disbursements). Fees and licenses, list of 168 Fenwick map of the city of Georgetown 20 Fire department: Personnel, qualifications, etc , 195 Firemen's relief fund 195 Fire escapes, assessment for, if owners, etc. , fail to huild 160 Firewood, inspector of 207 Fiscal year, beginning of 179 Floxir, inspection of 207 Form of government (present) for the District of Columbia 141 Garbage, etc., disposal of 200 Gas and meters, inspectii >n of 207 Georgetown : Additions to 27 Boundaries of 26 Charter of, revoked 27 Consolidation of, with Washington 27 Establishment, naming, and early liistory 26 '■ Fenwick map " of 2(1 Incorporation of 26 Officials of, how chosen 28 Streets of, course of 27 renaming directed 27 title to 27 width of 27 Governor of the District of Columbia: Appointed 29 Office of, abolished 29 Governors of tiie District of Columbia, list of 213 Hamburg 10 Harbor lines 204 Harbor master 204 Hay scales 209 Health department, duties, etc. , of health officer 196 Highways: Declared to be post routes 25 See also Streets and avenues. House connections, with water mains, sewers, etc., assessment for 152 House of delegates established for the District of Columbia 29 House of detention 1 93 Industrial Home School 183 Insane, care, treatment, or transportation of 190 Interest, legal rate of 215 Jail 190 Judiciary of the District of Columbia 209 Juvenile court 211 Laws jn force in the District of Columbia 211 L' Enfant, Maj . Pierre Charles 20 Levy court: Appointed by the President 28 Abolished . . " 29 INDEX. 225 Levy Court — Continued. Page. Jurisdiction of, in the District of Columl)ia 28 Membership of, reduced 29 Number of members and their assignments 28 Library, Public 184 Licenses and fees, list of 168 Lighting of streets, etc 201 Lighting tracks of steam railroad companies 160 Lots in the city of Washington: Bought by the United States 22 Donated to the United States 22 Lumber, inspection of 208 Markets: Monthly rates for stalls 1 71 Receipts, etc 209 Map of the District of Columbia 9 Maryland, cession of land for site of District by 8 Mayors: Of Georgetown, list of , 213 Of Washington, list of 213 Mayors of the city of Washington : Appointed by the President 23 Elected by the people and city council 24 Medical examiners 197 Medical supervisors 198 Method of taxation in the District of Columbia 143 Militia of the District of Columbia 215 Minor streets and alleys, opening, widening, etc. , of 153 Municipal corporation. District of Columbia created 29 Municipal court 212 Municipal government of the District of Cnhunhia; First established , 29 Abolished 29 Officials of • 29 Present form, establishment of 29 Naming the District of Columbia , 11 Parks and parking 205 Pavements, character of, miles and square yards of 202 Personal property: Taxation of 161 Subject to taxation, schedule of 161 Schedule of, must be advertised 161 Appeal from appraisement 162 Time of payment of tax for 147 Exemptions of, from taxation 164 Penalty for violation of personal-tax law ,. 164 Plumbing: Inspection of 208 Board of 208 Police department: Personnel, etc 131 Qualifications of applicants for appointment in 1 91 Special and additional police 1 92 Removal of policemen 193 22r> INDEX. Police department — Conlinuod. Pago. Patrol and amlmiaiut- system 19;^ Surgeons of 193 Pension fund 194 I'olicemen, special, at crossings, railroad companies to pay salary of 159 Post routes, liighways declared to he 25 Potomac Kiver, lower falls on, as site for Federal town 7 President of the United States, an official of the city of Washington 23 Proposals: For municipal works 179 For material, supplies, etc 179 Public buildings, officer in charge of, an ofliciul of the cily of Washington 28 Public lil)rary J 84 Public schools 182 Public works, proposals for 179 Railroad companies: Steam, to pay cost for lighting streets, etc., along tracks 160 Street, assessed for paving adjacent to tracks 160 length of track, etc 202 Rate of taxation: On personal property 1 46, 103 On real property 146 Real property: Assessed Aalue of, for 1907 178 Assessment of 144 appeal from 145 Reassessment of, when subdivided 146 Bought at tax sale for District of Columbia 149 Designations of parcels of 151 Exemptions of 147 Listing of, annually 145 Reassessment of taxes which have been declared void 150 Records of assessor, public insi)ection of 147 Reform schools • 189 Religion 2b5 Retents from contractors 181 Revenue: Of the District of Columl)ia, .sources of 143 Collection and deposit of 150 Schools, Pul)lic: Board of education has control of 182 Numl)er of pupils and teachers in 183 Seal of District of Columbia 215 Sealer of weights and measures: Fees for testing, sealing, etc 177 Duties, etc 200 Seat of government: District of Columbia established as <> Temporary removal of, authorized H Secretaries of the District of Columbia 213 INDEX. 227 Page. Sewers, service 152 Sewer system 20?> Sinking fund I79 Slavery, abolition of, in the District of Columbia 15 vSnow, ice, dirt, etc., assessment for removing of IGO Statute of limitations in District of Columbia 214 Steam engineers 204 Streets in the city of Washington : Naming of, width of, etc 24 Title to 21 Streets and avenues : Extensions of 158 Lighting of 201 Character of pavements of 202 Street cleaning 1 90 Street railways in District of ( 'olumliia 202 I^ength of track of eacli 202 Suffrage 17 Supplies for District of Columbia 207 Surveyor, District of Columbia : Appointment and duties of 203 Fees, etc 172 Taxation in the District of Columbia : Methods of 143 Rate of, on real property 14G Of personal property 1 46, 163 Taxes : Bills for, shall be prepared by assessor 146 Date of payment of 147 Sales for delinquent 147, 148 In arrears, publication of list of 147 Certificate of sale for 148 Deed, issue of, to owners of certificate of sale for 148 Canceling invalid sales for 148 Redemption of property sold for 149 Surplus from sales for 149 Property bid in by District of Columbia, at sales for 149 List of pioperty sold for, to lie open to public inspection 150 Certificates of 150 Declared void, reassessment of property for 150 On personal property, etc 161 time of payment 147 Distraint sale for personal 163 Rate of, on personal property 1 ()3 Tax sales. {See Taxes.) Transcripts of deeds, wills, etc Jnl Towns within lioundary of District of Columbia at time of cession 10 Virginia: Cession of land for site foi- District \>y S Retrocession of land to 14 Voting in the District of Columbia 17 Washington Asylum 190 228 INDEX. Washington City: Page. Acreage of 22 Avenues in, naming, width, etc 25 Agieement of proprietors to convey land for 19 Alleys h\, original 25 Area of 19 Boundaries of lands of the original proprietors of 20 Boundaries of 18 Charter of, revoked 29 Distribution of lots among original owners 21 Donation of lots in, to the United States 22 First charter of 23 Form of conveyance of land for 19, 91 Georgetown consolidated with 27 Location of 17 Mayors of, elected and appointed 23 Naming of 2 Officials of, first 23 Plan of 20 Represented in membership of levy court 28 Required to contribute to expense of levy court 28 Streets in, naming of, width of 24 Title to streets in 21 Title of the United States in streets confirmed by the Supreme Court 21 Washington County, creation of 14 Water mains, assessment for, shall be uniform 152, 154 Water rent, schedule of 173 Water^upply 202 Weeds, assessment for removal of 159 Weights and measures, fees for testing, sealing, etc 177 Wharf property and harbor lines 204 Wills, transcript of, for assessment purposes 151 Wood, inspection and measurement of firewood 207 Workhouse 190 o