Baker v. City of Washington

7 D.C. 134
CourtDistrict of Columbia Court of Appeals
DecidedOctober 10, 1870
DocketNo. 790
StatusPublished

This text of 7 D.C. 134 (Baker v. City of Washington) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. City of Washington, 7 D.C. 134 (D.C. 1870).

Opinion

Mr.- Justice Humphries

delivered the opinion of the Court:

The appellants exhibited their bill of complaint in this court October 10, 1866, against the city of Washington and forty-one persons, alleging that on the 17th day of April, 1865, the Board of Aldermen and Board of Common Council of the city of Washington passed an act entitled “An Act offering a reward of $20,000 for the arrest and conviction of the person or persons who assassinated President Lincoln and attempted the murder of Secretary Seward.”

This Act is in these words: “ Be it enacted by the Board of Aldermen and Board of Common Council of the city of Washington ; that the mayor be, and he is hereby authorized and requested to offer a reward of twenty thousand [135]*135dollars for the arrest and conviction of the person or persons who were concerned in the assassination of President Lincoln, and attempted the murder of Secretary Seward and family on the evening of the 14th inst.; Provided, That if more than one should be arrested and convicted then the said amount shall be apportioned accordingly. Approved April 17,1865.”

In pursuance of this Act, the Mayor issued a proclamation offering the reward. Several persons were arrested f brought to trial, convicted, sentenced to suffer death, and executed as the assassins of President Lincoln.

The bill further alleges that the plaintiffs, and the other persons named therein, procured .the arrest, or aided therein, or actually did arrest, those who were convicted and executed.

The bill is brought by plaintiffs on behalf of all others concerned in the arrest and conviction, as well as themselves, and prays for a decree against the city of Washington for the sum of $20,000, and that the same be distributed between such parties to the bill, or other persons who may come in to be made parties, as shall be found entitled to share in the reward.

Nearly all the parties claiming to share in the reward were in some other capacity in the employment of the Government. No one, however, held a commission as marshal, sheriff, constable, or other officer doing and performing the ordinary duties of civil, ministerial, or executive officers. A few were private citizens.

There is some controversy between the parties claiming the reward as to tlio share which each is entitled to.

The evidence in the cause establishes the fact that the parties claiming did participate in some way in the arrest and conviction of the murderers.

The bill states that the complainant, Lafayette C. Baker, was, at the time of the capture of the assassins, chief of the military detectives in the employment of the United States; [136]*136that Luther B. Baker and Everton J. Conger were also detectives in the employment of said Lafayette C. Baker; that he, the chief detective, procured the detail of twenty-five soldiers of the Sixteenth Regiment of New York Volunteers (cavalry) under command of Lieutenant E. P. Doherty, and these are made parties to the bill, and assert a claim to share in the reward.

The other parties to the bill claiming to participate in the reward claim to have given information which led to the conviction of Harold and Payne.

The answer of the city of Washington admits the Act and proclamation offering the reward, and neither admits nor denies any other allegation in the bill. The justice before whom the cause was tried in the Equity Court dismissed the bill without cost to either party.

The corporation of the city of Washington appears in this court, by its attorney, and presses upon us the question of the authority of the city to raise money by taxation to pay the amount of the reward, and contends that the Board of Aldermen and Board of Common Council of the city of Washington had not power to bind the city by the Act of April 17, 1865, offering the reward of $20,000.

This is the principal and main point made, and seriously urged in the discussion of this case.

Other questions have been discussed, but they have arisen more between the parties claiming the reward, and for the present it is unnecessary to pass upon them.

Section 2 of the Act of Congress of May 15, 1820, enacts “that the inhabitants of the city of Washington shall continue to be a body politic and corporate, by the name of the Mayor, Board of Aldermen and-Board of Common Council of the city of Washington, to be elected by ballot, etc., and by ‘their corporate name may sue and be sued, implead and be impleaded, grant, receive, and do all the other acts as natural persons, and may purchase and hold real estate.”

Section 2, of the Act of Congress of May 17, 1848, to [137]*137amend the charter of the city, provides that “The said corporation shall have full power and authority to make all necessary laws for the protection of public and private-property, the preservation of order, and the safety of persons, and the observance of decency in the streets, avenues, alleys, public .spaces, and other public places in the said city, and for the punishment of all persons violating the same, as well as for the punishment of persons guilty of public profanity and prostitution.”

It must be admitted that the question presented for our consideration, involving the power of the corporation to bind the property of the inhabitants of the city to submit to taxation for acts not in the ordinary routine of the affairs of towns and cities, is not without embarrassments and difficulties. It is contended by counsel for the claimants of the reward, that under the recited provisions of the charter, “The Act of the boards of April 17, 1866, was fully authorized.”

Under the power and authority to make all necessary laws for the preservation of order and the safety of persons, it will not be urged that the corporation can provide for the trial, conviction and punishment of murder. Within the District of Columbia, the nation provides for the trial and punishment of those offenses that are provided for by the States within their respective territorial limits. High crimes and misdemeanors are offenses against those powers whose laws declare their punishment.

The grant of power to make laws for the preservation of order and the safety of persons must be construed with reference to the object of the grant.

The general purposes and objects of municipal corporations are, as well understood, to be limited to the ordinary affairs and transactions of associations of people as are the objects of State grants understood to embrace all the ordinary, as well as the extraordinary, affairs and transactions of a, people.

[138]*138A felony perpetrated within'this District is an offense against the United States, because the laws of the United States are violated, and those laws prescribe the punishment of the offense. The object of granting a municipal corporation to the inhabitants of the city of Washington, was not that their property should bear the burthen of maintaining 'the laws of the Union against infraction. Nor was the grant of power to the corporation to make all necessary laws for the preservation of order and the safety of persons intended -or designed to commit the inhabitants of the city to a recognition of acts of the Boards of Aldermen and Common ■Council, by which they would undertake to bear the expenses of apprehending the criminals of the District.

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Bluebook (online)
7 D.C. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-city-of-washington-dc-1870.