a municipal corporation. 429. The District of Columbia shall remain and continue a municipal 21 C. Cls., 120, Corporation, as provided in section two of the Revised Statutes relating to said District, and the Commissioners herein provided for shall be deemed and taken as officers of such corporation; 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. 132 U. S., 1. 136 U. S., 453. p. 955. Powers, &c. 1874.June 20,ch. 337, 2, 3, ante, Commissioners SEC. 2. That within twenty days after the approval of this act the to be appointed. President of the United States, by and with the advice and consent 1890, Dec. 24, Res. No. 7, post, 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 (4) above that of captain, shall be Commissioners of the District of Columbia, and who, from and after July first, eighteen hundred and seventy-eight, shall exercise all the powers and authority now vested in the Commissioners of said District, except as are hereinafter limited or provided, and shall be subject to all restrictions and limitations and duties which are now imposed upon said Commissioners. (5) pp. 22, 23. Engineer Com missioner. 1890, Dec. 24, The Commissioner who shall be an officer detailed, from time to time, from the Corps of Engineers, by the President, for this duty, Res. No. 7, post, shall not be required to perform any other, nor shall he receive any other compensation than his regular pay and allowances as an officer of the Army. (6) p. 955. Civil Commissioners. President of board. 1890, Dec. 24, Res. No. 7, post, p. 955. Oath. Salary and bond. Term of office. 16 Opins., 537. The two persons appointed from civil life shall, at the time of their appointment, be citizens of the United States, and shall have been actual residents of the District of Columbia for three years next before their appointment, and have, during that period, claimed residence nowhere else, And one of said three Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annually and whenever a vacancy shall occur, thereafter; 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; 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. The official term of said Commissioners appointed from civil life shall be three years, and until their successors are appointed and 17 Opins., 158, qualified; 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. 476. Who shall not bonds to District. Neither of said Commissioners, nor any officer whatsoever of the be sureties on District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any contractor be accepted as surety for any officer or other contractor in said District Powers and SEC. 3. That as soon as the Commissioners appointed and detailed property vested in as aforesaid shall have taken and subscribed the oath or affirmation Commissioners. herein before required, all the powers, rights, duties, and privileges 1874, June 20, ch. 337, SS 2, 3, ante, pp. 22, 23. NOTES.-(4) By 1890, Dec. 24, Res. No. 7, post, p. 955, to be captain or of higher grade of 15 years' service in Engineer Corps. (5) Subsequent acts enlarging the powers of the Commissioners are as follows: Sales of coal and building regulations, 1878, June 14, ch. 194, 1878, June 20, ch. 359, par. 3, post, p. 202; apost. p. 181; salaries of police and price of gas for city lamps, running at large, 1879, June 27, ch. 38, post, p. 268; one commissioner to be trustee of Reform School and one of Columbia Hospital, 1880, June 4, ch. 121, pars. 2,3, post, p. 290: plumbing regulations, 1881, Jan. 25, ch. 27, post, p. 314: protection from fire, 1887, Jan. 26, ch. 45. post, p. 520; insurance companies, 1887, Jan. 26, ch. 46, post, p. 521; police regulations, 1887, Jan. 26, ch. 49, post, p. 523: steam engineering, 1887, Feb. 28, ch. 272, post, p. 545; elevators, 1887, Mar. 3, ch. 390, post, p.567; subdivisions of land, 1888, Aug. 27, ch. 916, post, p.618; street railways, 1889, March 2, ch. 370, par. 3, post, p. 677; pawnbrokers, 1889, Mar. 2, ch. 413, post, p. 699, and 1891, Mar. 3, ch. 531, post, p. 910; watermains, etc., 1890, June 17, ch. 428, post, p. 758. (6) But by 1881, March 3, ch. 134, par. 3, post, p. 322, he is to receive $5,000, including his Army pay and allowances. 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 Commissioners; and the functions of the Commissioners so appointed under the act of June twentieth, eighteen hundred and seventy-four, shall cease and determine. March 1, ch. 117, And the Commissioners of the District of Columbia shall have Application of power, subject to the limitations and provisions herein contained, to revenues. apply the taxes or other revenues of said District to the payment of 1874, June 20, the current expenses thereof, to the support of the public schools, the ch. 337, § 2; 1875, fire department, and the police, and for that purpose shall take pos- ante, pp. 22, 69. session and supervision of all the offices, books, papers, records, 1878, June 30,ch. moneys, credits, securities, assets, and accounts belonging or apper- 359, par. 3, post, p. taining to the business or interests of the government of the District 202. of Columbia, and exercise the duties, powers, and authority aforesaid; 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. The Commissioners shall have power to locate the places where hacks shall stand and change them as often as the public interests require. 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. * * * All taxes heretofore lawfully assessed and due, or to become due, shall be collected pursuant to law, except as herein otherwise provided; but said Commissioners shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences [Part omitted is temporary.] thereof, * And said Commissioners are hereby authorized to abolish any office, to consolidate two or more offices, reduce the number of employees, remove from office, and make appointments to any office under them authorized by law; Hacks. 1887, January 26, ch. 49, post, p. 523. Taxes not to be hypothecated. 1874, June 20, ch. 337, 82, ante, p. 23. Offices may be abolished, &c. 1874, June 20, ch. 337, §2, ante, p. 23. 16 Opins., 179. 135 U. S., 240. 4 Mackey (D. C.), 572. Said Commissioners shall have power to erect light, and maintain Lights. lamp-posts, with lamps, outside of the city limits, when, in their 1878,June 20, ch. judgment, it shall be deemed proper or necessary: 359, par. 2, post, * p. 202. * [Words omitted relate to pending suits and existing rights.] The said Commissioners shall submit to the Secretary of the Treas- Annual estiury for the fiscal year ending June thirtieth, eighteen hundred and mates. seventy-nine, and annually thereafter, for his examination and 1880, June 4, ch. approval, a statement showing in detail the work proposed to be 121,2, post.p.190. undertaken by them during the fiscal year next ensuing, and the ch. 134, par. 7, estimated cost thereof; post, p. 322. 1889, 1881, March 3, Also the cost of constructing, repairing, and maintaining all bridges March 1, ch. 328. authorized by law across the Potomac River within the District of $58; March 2, ch. 411, par. 5, post, Columbia, and also all other streams in said District; pp. 669, 698. 1890, Aug. 30, The cost of maintaining all public institutions of charity, reformatories, and prisons belonging to or controlled wholly or in part by ch.837, par.4, post, the District of Columbia, and which are now by law supported wholly P. 92. or in part by the United States or District of Columbia; 1891, March 3, ch. 546, pars. 4. 6, And also the expenses of the Washington Aqueduct and its appur- § 2, post, pp. 931, tenances; And also an itemized statement and estimate of the amount necessary to defray the expenses of the government of the District of Columbia for the next fiscal year: 932. Provided, That nothing herein contained shall be construed as R. S., SS 1797, transferring from the United States authorities any of the public 1800, 1816. works within the District of Columbia now in the control or supervision of said authorities. Estimates to be considered and approved by Secretary of Treasury. Congress to ap propriate fifty per der to be collected by taxation. cent. and remain The Secretary of the Treasury shall carefully consider all estimates submitted to him as above provided, and shall approve, disapprove, 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 passed upon such estimates submitted to him, he shall cause to be made a statement of the amount approved by 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 originally submitted, to the Commissioners of the District of Columbia, who shall transmit the same to Congress. To the extent to which Congress shall approve of said estimates, Congress shall appropriate the amount of fifty per centum thereof; and the remaining fifty per centum of such approved estimates shall be levied and assessed upon the taxable property and privileges in 1879, March 3, said District other than the property of the United States and of the ch. 182, §3, par. 4, District of Columbia: post, p. 253. 1882, July 15, ch. 294, § 3, post, p. 258. 1889, March 2, ch. 370, § 3, post, p. 678. Collecting, &c., of taxes to be as provided by law. R. S. of D. C., 153-189. 1877, March 3,ch. 117, ante, p. 142. 1883, March 3,ch. 137. post, p. 413. 1887, Jan. 26, ch. 41, post, p. 519. And all proceedings in the assessing, equalizing, and levying of said taxes, the collection thereof, the listing return and penalty 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 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: 1890, March 1,ch. 40, post, p. 709; Aug. 6, ch. 724, par. 3, post, pp. 776, 777. 1891, March 3,ch. 546, par. 2, post, p. 931. Limit of taxa Regulations of payment of taxes may be made by 1877, March 3,ch. Commissioners. 117, ante, p. 142. 1883, March 3, ch. 137, post, p. 413. 1891, March 3, ch. 546, par. 2, post, p. 931. Taxes to be paid 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 property not taxable elsewhere, one dollar and fifty cents on every one hundred dollars, according to the cash valuation thereof: And provided further, Upon real property held and used exclusively for agricultural purposes, without the limits of the cities of Washington and Georgetown, and to be so designated by the assessors in their annual returns, the rate for any one year shall not exceed one dollar on every one hundred dollars. * The collector of taxes, upon the receipt of the duplicate of assessment, shall give notice for one week, in one newspaper published in the city of Washington, that he is ready to receive taxes; * [Omitted lines repealed. 1883, March 3, ch. 137, § 15, post, p. 415.] SEC. 4. That the said Commissioners may, by general regulations consistent 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 payment of all taxes and the duties of assessors and collectors in relation thereto All taxes collected shall be paid into the Treasury of the United into U. S. Treas- States, and the same, as well as the appropriations to be made by ury. Disburse- Congress as aforesaid, shall be disbursed for the expenses of said District, on itemized vouchers, which shall have been audited and approved by the auditor of the District of Columbia, certified by said Commissioners, or a majority of them; ments. Accounts; how settled. And the accounts of said Commissioners, and the tax-collectors, and all other officers required to account, shall be settled and ad17 Opins., 574. justed by the accounting-officers of the Treasury Department of the United States. Interest on 3.65 Hereafter the Secretary of the Treasury shall pay the interest on bonds; how paid. the three-sixty-five bonds of the District of Columbia issued in pur suance of the act of Congress approved June twentieth, eighteen hundred and seventy-four, when the same shall become 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 herein before provided: 1879, March 3, ch. 182, §3, par.4, 563, post, p. 947. Repairs of streets, alleys, &c., and laying of pavements, notice post, p. 253. 1891, March 3, ch. SEC. 5. 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 to be given; and cost of which shall exceed the sum of one thousand dollars, notice proposals, how acshall be given in one newspaper in Washington and if the total cost cepted. 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 proposals, with full specifications as to materials for the whole or any portion of the works proposed to be done; 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: Provided, however, That the Commissioners shall have the right, in their discretion, to reject all of such proposals: Provided, That 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 one thousand dollars. All contracts for the construction, improvement, alteration, or re Contracts; how p. 955. pairs of the streets, avenues, highways, alleys, gutters, sewers, and entered into, &c. all work of like nature shall be made and entered into only by and 1890, Dec. 24, with the official unanimous consent of the Commissioners of the Dis- Res. No. 7, post, trict, and all contracts shall be copied in a book kept for that purpose and be signed by the said Commissioners, and no contract involving an expenditure of more than one hundred dollars shall be valid until recorded and signed as aforesaid. No pavement shall be accepted nor any pavement laid except that Provisions as to of the best material of its kind known for that purpose, laid in the laying pavements. most substantial manner; And good and sufficient bonds to the United States, in a penal sum not less than the amount of the contract, with sureties to be approved 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; 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 completion of their contracts; And ten per centum of the cost of all new works 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 interest thereon paid to said contractors. The cost of laying down said pavement, sewers, and other works, or of repairing the same, shall be paid for in the following proportions and manner, to wit: 1885, Feb. 25, ch. 145, par. 3, post, p. 476. 1887, March 3, ch.355, post,p.559. Cost of laying pavements, sew ers, &c.; how paid. When any street or avenue through which a street-railway runs 1889, March 2, shall be paved, such railway company shall bear all of the expense ch. 370, par. 3, for that portion of the work lying between the exterior rails of the post, p. 677. tracks of such roads, and for a distance of two feet from and exterior 1890, Aug. 6, to such track or tracks on each side thereof, and of keeping the ch. 724, §3, post, same in repair; But the said railway companies, having conformed to the grades established by the Commissioners, may use such cobblestone or Belgian blocks for paving their tracks, or the space between their tracks, as the Commissioners may direct; 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 SUP R S-12 p. 778. Railways refusing to pave. Railways crossing streets. Water and gas mains. Assistants to 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 Columbia for that year; And all payments shall be made by the Secretary of the Treasury on the warrant or order of the Commissioners of the District of Columbia or a majority thereof, in such amounts and at such times as they may deem safe and proper in view of the progress of the work: That if any street railway company shall neglect or refuse to perform the work required by this act, said pavement shall be laid between the tracks and exterior thereto of such railway by the District of Columbia; And if such company shall fail or refuse to pay the sum due from them in respect to 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 certificate shall bear interest at the rate of ten per centum per annum 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; 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 they 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 Washington, and to be at public auction to the highest bidder. 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 intersecting railroads shall pay for such pavements in the same manner and proportion as required of other railway companies under the provisions of this section. It shall be the duty of the Commissioners of the District of Columbia to see that all (7) 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; 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. The President of the United States may detail from the Engineer Engineer Com- Corps of the Army not more than two officers, of rank subordinate missioner to be 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. detailed. 1890, Dec. 24, p. 955. Res. No. 7, post, sioners. Police and school SEC. 6. That from and after the first day of July, eighteen hunboards abolished dred and seventy-eight, the board of (8) metropolitan police and the and duties trans- board of school trustees shall be abolished; and all the powers and ferred to Commis- 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. School trustees; And the Commissioners of the District of Columbia shall from time how appointed, to time appoint (9) nineteen persons, actual residents of said Dis &c. NOTES. (7) Laws relating to water-mains: R. S. of D. C., § 199; 1876, July 12, ch. 180, § 18, ante, p. 111; |