11
11
~_v 'IMENT.:
(C4mtinued from, Second Pogo.)
the general principle, and must "he taken
strictly so as not to extend thereto.
-TAird. That it is essential to the Preai
- dent as the responsible•head of the Govern
xi:lent, charged by his oath with the execn•
tion of the laivs,.that he Should 'control his
own subordinates by making their tenure of
office to depend upon his will, so as to make.
a unit of the Administratkin: '
The answer to the - first of these proposi
tions is that there is no necessity for the ex
. ercis' eof the power during the recess, be
• cause the tase supposed may be provided for
by Congress—as it has been by the act now
in question—under its express constitutional
authority "to make all laws Which 'shall be
necessary or proper for carrying into execu
:don all powers'vested in the Government,
Or in any Department thereof," a power
Which; by the way, is - very strangely claim
edhir one of the President's counsel to be
ailmplied one. ,
' To the second the answer is that whether
.an executive power or not depends on the
Structure of the Government, or, in Other
words, on what the , Constitution makes it;
that the clause in question is but a distribn
tiVe one; that if all executive power is in the
President, then by parity of reason all lops--
lative power is in Congreis without refer
enc,e to the Constitntion; that the Senate is
not only associated with the. President in
the general appointing power, but that the
power itself May be withdrawn by Congress
almost entirely from both, - under the pro
vision in regard to inferhir offites,'Which
would involve a repugnancy tuthe general
grant relied on, if the power be an executive
one; that if no provision had been made for
appointment in the - Ciinstitution the power
to supply the omission would have resulted
to;the law-makerr, under the. authority just
• quoted,.- to
_Make "all laws that might be
necessary or proper for carrying -into exe
tntion all powers vested in the Government
or eny department thereof," which carries
with it the power to create all offices ; and
that, yrtereover, - this power of removal, in
the only case wherein it is referred to, is
made a judicial one.
To the third the answer is
-1.. That however natural it may be. for
the President, after an unchecked career of
usurpation for three long years, during
which, he has used his subordinates general
, ly as the slavish ministers of his will, and
-dealt with the affairs of this nation as if he
had been its master also as well as theirs, he
greatly mistakes and magnifies his office, as
has been already shown in the fact that un
der the Constitution be may he stripped at
any time by Congress of nearly the whole
of the appointing power; and,
. 2, That the responsibility of the Presi
dent is to be graduated by, and can be only
commensurate with, the power that is as
signed to hint; that the obligation inposed
on him is to take care that the laws are faith
• fully executed, and not his will, which is so"
_strangely asssmned to be the only law of the
exalted functionaries who surround_him;
and that it is not only not essential to the
performance of their duty finder the law
that the heads of Departments should be the
mere passive instruments of his will, butqhe
very contrary. •
'Upon this brief statement of the argu
ment it would seem as if there could be no
reasonable doubt as to the meaning of the
Constitution. But the high delinquent,who
is now on trial, feeling that he cannot safely
rest his case here, and shrinking from the
inexorable logic that rules it against him,
. takes refugein the past, and claims to have
found a new Constitution that suits him
• better than the old one, in the judicial au-
A:hot:Ries, in the opinion of the comraenta-,
tors, in the enlightened professional and
'public sentiment of the nation, and in a leg
islative practice and construction that are
coeval with the Government, and have con
_ tinuedwithont inteil option until the pres
ent time. A little inquiry, however, will
show that here is no altar of sanctuary, no
city of refuge there, to shelter the greatest
of the nation's malefactors from the just
ple.vengeance H of a betrayed and indignant peo
_ And first, as tojudicial authority.
[The learned Manager here entered into
a detailed and searching analysis of the
three cases, of Marbury rs. Madison 1,
Cninch 256, ex parte Heenan, 13 Peters,
• and U. S. ex ref vs. Gutherie 17 Howard
284, from which he concludes :]
It is apparent from all the cases, that the
judicial opinion, so far from sustaining the
view of the President, settles at least two
_ltoirits which are fatal to his pretenaions:
first, that Congress may so limit the tenure
of an office as to render the incumbent ir
removable except by the process of im
, pea.clunent; and second, that the power to
remove, so far as it exists, is but an incident
to the power to appoint. * *
As to the doctrine that the power of re
' inoial is but an incident to the power to ap
point. That is settled upon grounds of rea
son, as a general principle, which has no
more application to inferior offices than to
superior ones. The idea is that the power
of removal wherever it exists is in the very
nature of things but part and parcel of the
power to appoint, and that Gs a consequence
the power that makes, and none other, must
unmake; and on this idea it was ruled in the
particular case that the power to remove
was in the judge, because the authority to
appoint-was there. It equally rules, how
. ever, that where the appointment is in the
head of a Department the power of removal
belongs to him; that where it is lodged by
Congress in the President alone it is in him
only; and where it is in the President and
Senate conjointly there it is in both; which
is precisely the doctrine maintainer by the
minority, in the Congress Of 1789. It ought
to be a sufficient answer, however, that , no
such • distinction was taken by Justice
Thompson in the . Heenswease, Although he
referred to the departure from this rule in
- the practical construction which had, assign
ed the power to the President alone.,
The judicial opinion having thus signally
itt tnauPPOrt the AtAgerontgligtesies of
the Yresident, the next resort is that of the
statesmen, lawyers and publicists who have
from time to time illustrated our. history.
And here, too, it. will le found: that the
great criminal who is p,t your bar has no
better support-than he has found in higher
quarters. * 11 , * *
However it may be with othericl am not
one of thote who think that all' whaloin"
and virtue have perished- with our fathers,
or that they Wenthette!ableeomnrehend
the import of intitrurneat — Witg' w h ose
practical !workings they were unfamiliar
than we who are sitting under the liht of .
an experience of eighty.years, and suffering
framthesnistakts which they,mada in.' re:
• kard to the future. ' They made ndne great.
er than the illusion,of supposing thatiewas
impossible for our institutions to throw up
itq t.hei.aU r f a C e lkr na OlYarAndr es r ;Johnson
ant it is, further strenuously argued that
although the law may be constitutional; an
• the case of Mr. Stanton within it, as it' has
—. l .l7PArliendrd do7
;1 2: ANsi.l9l.4l.749ltirte.nktO , alnaansi*#
oluggeor=o against the Presidpnt up
° bel.showarithat be has •selifallT
con etruedits louttlat; anion!! wheneires
11rifel Odessa VlTim*filW formalifiegials
Moir
„ ,•./. " P. more
14s ;.; • . " e s, :
ran ret l ir. ,wl • ,• „ o :4' . ' • ••• •
voa 11 • :! • .
11 o n "Axatrivunti .V-I , t) tr:
.uT ban - ig
d
„alone can,bringabont ajudicial decision,for,
the settlement—if, on deliberation and ad
vice,'Slie should be of the" opinion that the
law was unconstitutional, it would be no
violation of duty to take the needful steps
and raise that question, so as to have it
peacetblly decided. • • -
Allow me to say, in answer, that if igno
rance of the law, which excuses' nobody
else, cannot be held to excuse- the'very last
man in the nation, who •who ought' to bellowed
to plead it ? The testimony shoWs, Ithink
• that he did not misunderstand Its'ineaning. •
This suspension of ll.tr.iStanton, Which was
an entirely new procedure, follow — ed, as it
was, by his - report of the cause to the Senate
within twenty_dayi nfter its - next Meeting,
is evidence that he did : understand the law
as comprehentling.that :ease, and did not in
tend to violate it If he could but get rid of
the obnoxious officer, without resorting to
so extreme and hazardous a remedy; but the
question herd is •not so much whether he
tz f rantly andinnocently mistook the law,
as whether in the case referred to of an
in erence with the powers claimed
byl him, under the Constitution, he may
suspend the operation of a law by assuming
if Ito -be naconstitntional, and setting ,it
aside until the courts shall have decided that
it s a constitutional and valid one. In the
case at issue it was not necessary to violate
the law, either by contriving to prevent the
incumbent from resuming his, place under
it, Or turning himout r violence after he
had been duly- reinstatedhy.the Senate. 'lf
he honestly desired test its validity in -the
judicial forum ' all that ' , was' necessary for
him. o do . was to issue his orderof removal,
and to give the officer a notice of that order
and its, object. It he -refused •to, obey, the
next obvious step would lie ter direct the At
torney Clenen4 to sue out a writ of
,quo war
ranto at his own relation.
SiES
This was not his course. This remedy
was not summary enough, for : his -uses, us
his special counsel, employed after the ar
rest of his pseudo Secretary, Thomas, testi
fies, because it would have allowed the law
to reign in the meantime, insteadof creating
an interregnum of mere win, by - which he
hoped to supereede it. His project With to
seize the place by craft if possible; and by
force, if necessary, and for this purpose he
claims to have made an arrangement with
General Grant for its snrreader to hiinself
in case the judgment of the Senate should
restore the officer, and now taxes him with
bad faith to him individually for his obedi
ence to the law. It stands, therefore, upon
his own confession that he intended to pre
vent Mr. Stanton from resuming his posi
tion, in which case, as he well knew, and as
his Attorney General knew, and must have
informed him, there was no remedy for the
ejected officer.
Foiled and baffled by the integrity of
Grant, after full deliberation he issues his
order of removal on the 21st of Feburuary,
and sends it by his 'lieutenant, Thomas,
w ith a commission to himself to act as Sec
retary ad interim, and enter upon the duties
Of his office. He does not fail to suggest to
him at the same time that Stanton is a cow
ard and may be easily frightened out of the
Place with a proper show of energy on his
part. He tells him also that he expects him
to support the Constitution and the laws as
he understands them. * * *
The idea of a suit, in which direction no
step was ever taken, is now abandoned, if it
was ever seriously entestained.
The conversation, however, with General
Sherman, who was- called as a witness by
the President himself, settles the fact con
clusively, if not already demonstrated by
the attendant circumstances, that it was not
his purpose at any time to bring_the case
Into the. Courts for adjudication. He pre
ferred the dextrous - finesse or the strong
hand to a reference which every '"sensible
lawyer. would have told him could be at
tended with only one result, and that a
judgment in favor of the la*.
But had he a right to hold this law a null
ity until it was affirmed by another tribunal,
whether it was constitutional or not? -The
Constitution gives to hiin the power of pass
ing upon the acts of the two Houses by re
turning a bill, with his objections thereto,
but if it is afterwards enacted by two-thirds
of both Houses, It is provided that "it shall
become a law." •
What is a law? It is a rule of civil con
duct prescribed by the jaipreme power of a
State., Is thpre any higher power than the
I•egbihiture? Tait essential to the operation
:of-a law that it should have the approval of
"the judiciary as well as of the President? It
is as obligatory on the President as on the
humblest citizen. Nay, it is, if possible,
more so. He is its minister. The Consti
tution requires that he shall take care that it
be faithfully executed. It is for others to
controvert it if azgrieved in a legal way,
but not for him. If they do, however, it is
`at their peril, as it would be at his, even in
the cases put, where it is asked with great
emphasis, whether he would be bound to
obey?.
These cases are extreme ones, but if hard
casware said to make bad precedents, it
may be . equally remarked that extreme cases
make bad illustrations. ; They are, moreover,
of :express persons. As this is notot will be
time enough to , answer them when they do
arise.
It is not a supposable contingency that
two-thirds of both houses of Congress will
flatly violate their oaths in a clear case.
Thus far in their history they have passed
no' law, I believe, that has been adjudged
invalid ; whenever they shall be prepared
to do what is now supposed, Constitutions
will be,uselees; faith will have perished
among men; limited and representative gov
ermeents become impossible.
When it comes to this we shall have revo
lutio4. with bloody conflicts in our streets,
with a Congress legislating behind bayonets,
and that anarchy _prevailing everywhere
which is already foreshadowedby the aspect
of a department of this great Government
beleagured by the minions of despotism,
with I s head a prisoner, and armed senti
nels peeing before Its doors. Who shall say
that the President shall be permitted to dis
obey even a doubtful law, in the assertion of
a power that is only implied? If he may,-
why not also set aside the obnoxious section
of the appropriation bill, upon which he has
endeavored unsuccessfully to debauch the
officer* of the army, by teaching them in-
subordinationto the law? .
Why-nOt openly disregard your repon
strActton acts, as be will assuredly do, if:
you shall teach him by icier , ;verdict here,
that he can do it with impunity? The , le.
gal rule is, that the presumption is in every
case in favor of the law, =end that is a vio.
lent one whete none has vier been reveried.,
Therforesident claims that this presniuption,
shall not stand as against nu. It may not
here it =not elsewhere. ' To - ;allow this
revcilutionery•pretension; is to dethrone the
law and substitute his will. To;"say that he,
may hold his office, and disregard the iawi
is to proclaim either anarchy or despotism.-
It is but t‘short step from one extreme to
the other.
To be without law, and kr leave the ' • la*
dependent on a'shigle`4lllVareehi egkie:
but One'alid the same ing Themiin who
can,decW,*ll4% ilk** is, not, is
-,,at6o t ak vse l 4lnWer. - Ogffie S t ate'
c!* - tpli, 7
~;, i sNe y r ul de ut,
' Waal _lt
.00781ltreitai efoirtiWlttire,
says,Lae Tenth:aware& •tai. hziag I, So t
would, if thoineation involved were woof
• raerelY , Pt, ,_aterightPliut in hie execattro•
eitortoAtata antteotety,.. bxturnipiltif
isikapattit,, inaheitourateedintestieetedly
.It•••••
ME
PITTSBITRGH GAZETTE : FRIDAY,MAY 1. 'lB6B.
- - surto:a of-g :
ieneralirgestion of intent,itsell; which luts conviction, of stia:a - Verdict as I think the
been triediittifigitre so largely in this cause, loyal people of this nation, with one united
under the shadow of the multiplied aver- voice, demand at your hakds? Do you shrink
ments in regard to it. Ido trot look upon from the consequences? Are Tour minds
1 these averments as at all material, and if disturbed by visions of approaching trouble?
not material, then they are, as any lawyer. The nationhas already, within .a few short
knows, but mere surplusage, which never years, been called to mourn the loss of a
I violates, and it is never necessary to prov 9. peat Chief Magistrate, throughthe bloody
Ido not speak as a criminal awyer, b 7 f ntastrophe by which . a rebel band be s been
there is no professional man, It b. tk, W:0 unfortunately enabled to lift this rle n into
reads thes(a hares; that will ti at t etect ii< ais place, and the jarhas not been f 11. as the
; them sonic bin more, perhaps '7 y •tt mighty machine of State; freighter 1•Ali all
abundant( sa,t.han -event• a e conical the hopes of humani , moved onward in
nicety oft - e =Anal plea sr. de- Its high career.
mend. This nation is too eat to be affected seri
.
- I hat even is the F'...flnal ouely by the loss of an one man. Are your
courts, where an action clic n Clear hearts touched by e touching appeals of
violation of a law forbidding espe- the defendant's corms I,- who say to you that
chilly if it involves the case of a public offi- you are asked to pun sh this man only for
cer, that it is any more necessary to allege his divine words; 's exalted charity to
that he violated the law with the intent to others, to the murde ed Dostie and his fel
violate% than to - aver that he was not igrio- loWa, to the loyal men whose carcasses
rant of the law, which every man is bound were piled in carts like swine, with gore
teknow. The Is* presumes the intent from dripping from. the - Wheels, in that second
- the act itself, which Is a necessary inference holocaust of bleed, I that criminal murder
if the law is to beoliserved, and its infrac- which was enacted• in New Orleans; to those
tion punished, and the party committing it who perished on that second Saint Barthol
is responsible for all the consequences, omew, at Memphis,; when the streets were
whether he Intended them or not. It Makes reddened. with the lurid light, of burning
no. difference about the Motive, for when- dwellings, `and the loyal occupants who
ever the statute forbids the doing of a thing, would have escaped were cast backward
the doing, it wilful, although without any into the flames?
corrupt motive, iii.indktable. (Swains 677, ; The.Divine mercy itself is seasoned with
4 Tenn. 'Rep. 457.) ' • • justice and . Waits only on contrition, and
ar „ this is no place for such emotions; but if it
So when the President is, solemnly
reigned to answer to the charge that he has
itnercy to loyalty and innocence that cries
infringed the' Constitution; disobeyed the
al ud for the removal of this bold, bad man
commands, or violated any of the provisions — if lit remember; that your loyal; breth
rem are falling from day to day, in Southern
of the tenure of ~office or any other law, he
cities, by the assassin's knife, and the re
cannot plead either thathe did' it ignorantly,
ports of the . Freedmen's Bureau are replete
or by mistake, because ignorance of the law
excuses nobody, •or that he did it Only with horrors at Which the face turns pale.
In
,your judgment stands no scaffold - with
from the best of motives, and for the par- In
blood of the victim; no lictor waits at
pose of bringing the question of its efficacy,
or his obligation to Conform to it, to a legal your doorsto execute your stern decree; it
is but the crown that falls, whild none but
test, even thoughle could prove the fact, as
he has most signally failed to do in the case, the.historian stands by to gibbet the delin
before you. The motives of men, whi ch quent for the ages that are to come; no weight
are hidden away in their own breasts can-
of woe will disturb your slumbers, unless it
not generally be scrutinized or taken into
Comes up from the disaffected and disappoin
the account where there is a violation of ted South, which will have lost the foremost
the law. An old Spnish proverb says that of its friends. Your act will be acceptable,
there is a place -not to be named to ears and an example to the nations, that will
polite, but which is "pc.ved*with good in
eclipse even the triumph of your arms in the
tentions." * * * * vindication of the public justice in the sub-
Iflimer and more peaceful triumph of the law.
Andrew Johnson, in the performance
of the duties of his high office, has so de-' The eyes of an expectant people are upon
ineanenimself as to show that he is no re- youi.you have but to do your duty. The
specter of the laws; that he denies the will patnot will realize that the good genius of
of those who make them and has encour- the nation, the angel of our deliverance, is
aged disobedience to their behests. that he about us and around us, as in the darkest
has fostered disaffection and di scontent hours of our trial
throughout the lately revolted States; that
he is a standing obstacle to the restoration
of the peace and tranquaility of this nation;
that he claims and asserts the power
of a dictator by holding one of
your great departments in abeyance, and
arrogates to himself the absolute and un
controllable right to remove or suspend, at
his mere will, every executive officer of the
Government on the land and on the seas,
and to supply their places without your
agency; if for any or all of these reasons,
the Republic is not longer safe in his hands,
then, before Heaven anti earth, as the con
,_servators of the national weal, as the trusted
, guardians of its most invaluable rights, as
the depositaries of the most sacred and ex
.alted triW that has ever been placed in the
hands of man, it becomes your high and
solemn duty to see that the Republic shall
take no detriment, and to 'speak peace to a
disturbed and suffering land by removing
him from the trusts he has abused, and the
office he has.disgraced ? * *
And now, American Senators, represen
tatives and judges, upon this mighty issue,
jeint heirs yourselves of that greatinheri
tance of liberty thatlas descended to us all,
and has just been ransomed and repurchased
by a second baptism of blood, a few words
more and I have done. If the responsibili
ties of the law . yer are such as to oppress him
with their weight, how immeasurably great
er are your own. The House of Repreasn
tatives has done its duty; the rest is now
with you. While I have a trust in that God'
who went before our hosts as he, did before
the armies of Israel, through the fiery trials
that led so many of the flower of our youth
to 'distant graves in Southern battle fields,
which has never failed me in the darkest
hour : of the national agony, I cannot but re
alize that He has placed the destinies of the
nation in your hands. Your decision here
will either fall upon the public heart like a
genial sunbeam or shed a disastrous twilight,
full of gloomiest portents of coming evil.
over the land. Say not that I exaggerate
the, issue or overcolor the picture. This, if
it were true, would be an error of much
smaller consequence than the perilous mis
take of underrating its importance.
It is, indeed, but the catastrophe of the
great drama which began three years ago
with murder; the denoument of the mor
tarstruggle between the power that makes
the law and that which executes it; between
the people themselves and the chief ot their
servants, whotow undertakes to defy their
will. What is your verdict to decide ? Go
to the evidence and to the answer of the
President himself, and they will give von
the measure of the Interests involved. It is
not a question only whether or not Andrew
Johnson is to be allowed to serve as Presi
dent of the United States for the remainder
of his time. It is ,the greater question,
whether you shall• hold so low She
power that the Constitution gives
you, by surrendering the higher
.one to hum of dismissing and appoint
ing, at his own will and pleasure, everyex
,ecutive officer in the Government, from the
highest to the lowest, Without your consent;
and, if possible, the still higher.one of dis
charging your laws' for the purpose of put
ting those laws on trial. before they can be
recognized. He has made this issue with
you - viduntarily and defiantly. If you
i
acquit him upon t, you affirm all his impe
rial pretensions, and decide that no amount
of usurpation will ever bring a Chief Magis
trate to justice; becatise you will have 101 l
down at' his feet your own' high• dignity
along with your double function oflegtsla
tont audadvisors.which will be followed,..of
course, :by that of your 'other, I will not
say greater, office as judges.'
It - will be a victurYOVer you and us
which Will'Sgladden 'the ..heart,of rebellion
with joy, ; yet*" dead' soldiers' *lll
turn uneasily in their. grayes—a vietery to
be celebrated by the exultant ascent of An
'drew Johnson,:like thn-conqnerorin &Bo
man tripinpli; draggingi not . captive kings,
but, captive Senate at his' chaciot wheels,
and to befer6Thtestby Its re-entry into pos
setialan of tlitS department of the 'Govern-
Ment over whlchthis great,battle has be en
fought. It, is shoWn In evidence that he
has already intimated that he would wait on
your action. here for that purpose. Bat - is
this all? - I entreat you lay. not to your
bosoms the illusion:that it its all to end
there. It is but the_ .beginning .of the end.
If his pretensions are sustained, , the next
hiad that r4ridpitiatory offering
t 6 thalkinoittered Senate,: will be'that of, the
greatithigf.Wlinhinriblerdlhe" . iiiide l "cif the
chivalry by beating doWn,iliseritillf battal .
lions in the field and drakging traitor
standard to the dust, to_le -followed by the
return,of:thelebel officchitblina and a szi
tirthe States, which .
cast loose yourteconstruction laws, aud'tte7,
-liver over the whole theatre' Of Plat dtattitr,
bancettranarthyl wand* Id this an ex-..
Bee'AiliterlAkiiiletnreVl-Lixikto the history or
and imam. And now let ma/AP
you, in co on rur ' 4l " a '
the other Side' lin *Won ' , 1011,
of e.l4rn 11 ',Nit: 11l
~ -r ~`is ;
:am
*aaz
- ••""'• t
-„77' •",-i,-,-.17.;;;iY-LZ.:;.7,-,
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No& Street. •-•.
.c.• •
`• . ;
. • -
In=
-
vimanntear.
Ax ORDIN ANCE
To Inrcense the Clerical Force in the
°Mee of the Water Works,
SF.C. 1. Ile tt ordained and enaetart.olllfle effY gr
Pittsburgh, in Select and C 071177201 1, counc il s assem
bled. and it it hereby enacted - .by the Alta" .l4l ° f the
came, That the Water Committee ,be and they arc
hereby authorized to appoint a .suitable
_person to
act as Assistant Clerk In the office of the Water
Works; also to assist in preparing the duplicates of
assessments of water rents, and such other duties
as may from time to time be directed by peeper au
thority. The Water Committee shall fix the com
pensation of the Asststant Clerk, to be paidinallieir
monthly pay roll, and be subject as other emplane&
to removal for neglect of duty nnd incompetence.
SEC. 2, That any ordinance or part of ordinance
conflicting with the passage of this ordinance at the
present time, and the same is hereby repealed so
Mr as the same affects this ordinance.
Ordained and enacted into a law in Councils, this
27th day of April, A.-).1868.
JAMES MeAULEY,
President of Select Council.
•
Attest: E. S. Monnow,
Clerk of *elect Connell
W. A. TOMLINSON,
President of Common Council.
Attest: Iltrull MOM.ssruit, ;
Clerk of COIIIIIIOII Council.
_ar30:142
AN ORDINANCE
Straightening nod Opening* Webster
Street, Seventh Ward, from Fulton to
. •
Hatteras Street.
ar.c. 1.: Ile*. ordained and enacted by the City of
Pittsburgh, 04 Select and. Common Mundt, assem
bled, and itio . hereby enacted by the authority of the
same, That Webster street, • eleventh ward, from
Fulton street to Roberts ntreet.opened and
straightened, as laid down In the "City District
Plan," 60 feet. wide: and that Jan. Atkinson. Jas.
Meant:Bunn(' Minas Tin/Ile be and they are hereby'
appointed to appraise the damages and assess the
lame on property benefltted thereby, In accOrdance
with an act of Assembly. approved January 6th,
1904.
SEC. 2. - That any ordinance or part of ordinance
conflicting with the passage of this ordinance at the
present time, be and the same Is hereby repealed so
far as the same affects this ordinance. .
.
Ordained and enacted into a law in CotincilS, this
27th day of Apri, A. D. 18438. • •'
..JAMES AleAtill.Et
President of Select Council.
Attest: E. S. Minnow,
Clerk of Select Council.
W. A. TOMLINSON.
President of Common Connell.
Attest: Hurt ir 31c3fasTr.it,
Clerk of common Council. ap:30:1341
AN ORDINANCE
Repealing an Ordinance Passed. No
vember 11th, 1865. .
SEC. 1. Ee it ordained and enacted by the City of
Pittsburgh, in betect and Common Councils assem
bled, and it is hereby enacted by the authority of the
same, That an ordinance passed Nov. 11th, 1.865.
authorizing tile construction of a Public Sewer on
Grant street, front Diamond street to the Mononga
hela river, he and the same is hereby repealed.
SEC. 2. That any ordinance or part of ordinance
conflicting with the passage of this ordinance at the
present time; be and the same is hereby repealed so
far as the saute affects this ordinance.
. . . . .
Ordained and enacted into a law iu Councils, this
27th day of April, A. D. 1868.
JAMES MeAULEY,
President of Select Council.
Attest: E. S. Monnow,
( (Clerk of Select Council.
- W. A. TOMLINSON,
President of Common Connell.
/
ttCSt.: HVGII MUMAsakit,
Clerk of Common Council. ap3o:p44
N ORDINANCE
Constructing Public Sewer on Fourth
SEC. 1. Be it ordained' end enacted by the City of
Pittsburgh, in Select and Common Councils assem
bled, and it is hereby mortally the authority of the
same, That the City Engine be and he is hereby
authorized and directed to advertise for proposals
for the construction of a Public Sewer on Fourth
street,. from Market street, to connect with the
Wood street sewer, and to let the same In accord
ance with the ordinances of Councils passed for that
purpose, and to assess the cost of the same on prop
erty benefltted thereby. James Irwin, 2d ward,
Alexander W. Rook, Richard Hays,. 4th ward, be
and the same are hereby appointed viewers fcr that
purpose.
SEC. 2. That any ordinance or part of ordinance
conflicting with theassage of this ordinance at the
present time, be and_ p the same Is hereby repealed so
far as the same affects this ordinance.
And Check
JUST IMPORTED
_ .
Ordained and enacted into a law in Councils, this
27th day of April, 'A. 1, 1888.
JAMES McAULEir,
President of select Council.
Attest: E. S. Monnow,
Clerk of Select Council.
• 'W. A. Tommssos,
President of Common Council.
Attest: HUGH McMasTEn.
Clerk of Common Council. ap3o:p43
AN ORDINANCE to authorize
the +Grading and Paving of Ohio Avenue,
• ao son Avenue, Grant Avenue, Union Avenue,
Middle Street, Juniata Street, Klibuck Street, Lind
say Alley B e ßlair Alley.
C.
1-B it ordained - and enacted by the Select
and Common Councils of the City of Allegheny, and
tt is hereby enacted by the authority of the same,
That the Committee on Streets be and they are here
by authorized and directed to invite and receive pro
posals for the Grading and Paying of OHIO AV
ENUE, front Grant Avenue tothe Pittsburg] Fort ,
Wayne Chicago Railroad; LADLSON AVENUE,
from the terminus of the present pavement at the
old city line to the point of intersection of said Av
enue with East street; GRANT. AVENUE, from the.
Pittsburgh, Fort Wayne h:Chleaco Railroad to Lin
coln Avenue; UNION AVENUE, from Ohio street
to Church Avenue; MIDDLE STREET, from North
Avenue to Knoll street; JUNIATA STREET, from
Sedgwick street to Beaver Avenue; KILBUCK
STREET, from east side of Crag street to west side
of Corry street: LINDSAY ALLEY, in the Second
ward: and BLAIR ALLEY, in the Second ward;
and to contract therefor with the lowest and best
bidder or bidders, at their discretion.
SEC. 2. That for the purpose of.defraying the cost
and expenses of the said improvements, there -be
and is hereby levied a special tax, to be equally as
sessed upon the severallots bounding and abutting
upon the said avenues, streets, and alleys respec
tively, in proportion to the feet front in them re
spectively comprised, and btiunding and abutting as
aforesaid.. •
'SEC. 3. That as soon as the cost and expenses of
said Improvements shall be fully ascertained, it shall
be the duty of the Street Commissioner to assess
and apportion the same among the several lots
bounding and abutting upon said avenues, streets
and alleys respectively. according to the rule above
indicated, and thereupon proceed to make demand
and collect the same, according to the provisions of
the. act of the General Assembly of the Common
wealth of Pennsylvania, entitled "An Act detining•
the manner of collecting the expenses of grading
and paving of the streets and alleys of the City of
Allegheny, and for other purposes." passed the .10th
of March 195..
Sac. 3. That so much of any ordinance as may con
flict 'with or be supplied by the foregoing, be and the
same is hereby repealed.
Ordained and enacted into a law this the 51341 day
of April, A. D. 1688.
JAMES 3103111LER,
President of Select Council.
J. 8: SLAGLE,
President of Common Council.
EE
Attest.
D. MACFMITION,_ Clerk of Select Council.
R. DILWOUTII. Clerk of Common COullell. ap29
TREATS DISEAMPS LN ALL ITS FOBS►
Pince, 3%293 Überty Streete
,
. • ' •• .
stir rExv Amr. 'Et,TitArteig OE. 0111111.8QN
. -
ALLEY. 'tilde:l24l
§ILVER: :shill r in a
thw dam send an agent to . Silver .Mountainv
olorado, to develope ten different Lodes of Sliver
Ore, discovered and located by experieneed miners
and situated in an unusually rich mining district.
It is Intended to hsve them hilly developed beams,
ivalng to the. expense of erecting buildings,.sus
nery, Yor this development the Company
have' determined to sell a limited: amount or the
stock at a rate which will place purchasers on "he
same footing al the p ro pr i etors theMselveo t
. For ,
rullpestkulcra apply to , McLAIN Co,
mum MIS rough street. •
• IIIEt!
''' ' •
'sob No 2Nickerclt
' .•- N -
: •;, -a. , . .
400 411a.r.t0g.44 - Nauct4 Nackerelt
• 45 title NO. laboskereli
halt fatlNtkr 6 ,
189 itO7 do: a's".
re
In store , for stil - N o
' ;1. 5111101i!ititirT4kood
1 41 W'
Otirea that ibis was- 411' , - •
!,7' *WiinZWENti or I. . rtr Vt;;
warSturAkenpteu= r e
jAeLeeitel.' . . , •
lout '
~1, 1••7.4
7 -4 1.•:••:q.
•
'AUTHORIZING THE
Street
ALLEGHENY
MISCELLANEOUS.
G.
THE CREAT '
ARABIAN PHYSICIAN
Ell
P.
"/LSOISIMM: •
_
, ....,....._...._
FrvierrssultGa THEtTIeE.
,
FRED AIMS IitA .
NAGER. I
GEO. 11. BARTON—. ...... ...STAGE ?lA:TAG/M.
---
Neu: attraction.l ' 1
. r PITSS IN BOOTS,
And the GREAT VARIETY CO 3 IBINATION, un
til further notice. sir Grand Fanthh Puss to
Boots" Matinee Saturday afternoon. ,t
tgrBUIINELL'S •
MUSEUM EXHIBITION
Comprising WORKS OF ART and Gl' pAT NAT
URAL LIVING CURIOSITIES,
AT FRANKLIN HAL
Fifth street, opposite Pittsburgh T 'entre.
•'Cards of Admission, 30 cents. Door open h•om
8 o'clock A. X. to 10 P. M. ar0:001
rW'GRAND MATINEE 1
OF THE I
HAYMAKERS IN COStUME,
AT THE ACADENT. OF . MirrlC,
Afternoop; Igay 2.
Saturday
ORCHESTRA a 23,
UNDER THE DIRECTION OF liROOTEORGE,
et.p3o •
GREAT
CIRCUS AND lUNABERE,
OF
TRAINED ANIMA
The management is enabled to present This season
a style of
SPECTACULAR SP.LEttIOR
Never bef6re consummated by tact od liberality.
dR
A DISPLAY OF PAGEANTRY
- •
Whiett,while developing the almost INEEI
XATTST—
IBLE RESOURCES of the
•
66 _ STANDARD SHOW, "
Sustains the reputation so honestly acquired and
prondlymaintained by Messrs. TH'AYER V: NOYES.
Don't tail to witness the
GRAND PROCESSIO N ..
THE FETE OF VERSAILLES.
. .
. .
I•
The Courtly Meeting of ROYALTY 'null POWER
on the -
MID OF THE'ffAITH;O GOLD,
KING lIENICY VIII, of Engl4nd; FRANCIS 1, or
France. Foocessions of
ENIGETS AND DAINE,
DA'S S OF TILT AND TOIDIN7IY
THE CAR OF AURORA,
i •
Ate cost of $lO,OOO. RepresentattonCof the peo
people of alt Nations—EUßOPE. ASIA. AFBICA
and-AMERICA.
THE GENIUS OF LIBER,
A ROLLING MASS MAGIcIFI&NCE
A LINE OF GOEGEOiTSNESS
ONE MILE LONG
POWER SUBSERVIENT TO BEAUTY.
LION PROSTRATE AT WOMAVS Mer.
A HUGE MONSTER,
Taken from its Den. mounted upon s Alestat, and
Carried in Triumph Through the Streets.
II
Revival of a Taste for the Beaur;
A PERIOD OF CHIVALRY, A MODEM PARADE,
Replete with .Ancient Grandeur,_- Mee gof the
Monarchs; the White and Black Knights attired in
suits of Real Armor; Ladies of the Conti in Royal
Robes. [i
THE ORIENTAL FEATURHS,
THE ELEPHANT,
back Trappin g and beiri ng on Its
it
THE WELD 3330.&e,r1 DEN,
".-
Thrown open to the public. Prof. WIIITE and Ws
GROUP OF LYONS—the largest and Anest ever --
seen lon any Mena erle. i
1
' fa. For full pi Mars of this -1
QUADRUPLE CON , EIN.fiTION
See the Pamph lets . Descriptive Dills - hc. of the
Antmale, Perfornaers, &c.
cotrngg r s s ztlV:wl i El l r. a ll d . 71
P.
31.
rierMlalnee
WILL EXHIB/T II
BIRMI.NGi-lAiVi,
OP, Thursday. Apriil WOW, 1868.
ALLEGHENY C'O'Y,
Friday .and Saturday, hay ist and. 2d.
-
PITI'SBURGH, Red Lion
• - - •
srx DAYS 0;ILY, ; 1
Commencing AraNDAr; #at/ 4th.
.;
OLIVER P. 3n-ERs, Director Pubt Atoll.
JANES .IrAEllrA tiNrent.
apti:ps
t ~! 7 _ ~~-mow
JOH* Y coona. ;;J06 111 .._ B
joint mt. ICA &
vo.f 4i•
A
BRASS' PClUMrilltit:3,,
. •
GAs AND STEAM- .111t=3,
Ximi— f PUMPS AND DRAW ORK,
lies e TiP ril troni dealers OAS TUB&
Verner of Pike - and Walnut Streets,
rrrrentiaw.
retynrs3o,
B. larois,', • - .1 ;
arm ant jre as i xes ,
OIirSisTREAT?
4:1 1:,-.,410:nte
Mr
II
!
iowy ,tem
I
-
v:4 3 •