National Republican. (Washington City (D.C.)) 1872-1888, 1873-01-20

government 10 protect the community from the |
peril Of unsafe buildings Is q so vital importance
ject merits publication In fun. We give II |
fnR Law or BuuDRa-rrs ErFST AND LIMITS N
rus DISTRICT 90 COLUMBIA.
r. Dalnese VA. the Board Of Public Works and
Adnlph Cluss, Inspector Of public buildings. |
The Board Of Public Works W. J, Dalnese.
Mr.. Daincse, In September last, applied to Mr.. |
Cluss the Inspector of buildings, for permit TO
erect a block Of four frame buildings, three
stories high, upon q lot OF land owned oy nun IN
permit, notwithstanding the thirty-thrd section
Of the building regulations expressly provides
that "no wooden building hereafter erected
dat Of the roof" The privilege granted In this
case was granted in consequence Of represen-
tatipn made to the Inspector by Dalnese that the
contract for building bad been made before the
building regulations were actually promulgated,
although subsequently 10 their adoption by the
board. / do not propose at present TO call In
ouestion the power " the Inspector to issue
such permit to Dainese, although II may well
Having obtained his permit DaInese pro-
rceded 10 erect his buildings, using for the pur-
pose lot OF old lumber which he had bought
from the Government at the sale OF the barracks
at Fort Lincoln. The frame was up and the
roof on, when the attention OF the BOARD Of Pub
! Tic Works and of the inspector OF public build
| ings was called TO II as q dangerous structure
and public nuisance, by communication from
| a member Of the Board Of Health. Many Of the
neighbour subsequently presented protest
against its continuance, asa building dlsgracetul
| In appearance, and, In consequence OF the mise
| rable quality o. the materials used, and the de-
fects III the mode Of lis construction, liable soon
TO tumble down, causing loss Of or imminent
The Inspector and Board Of Public Works hay-
| ing examined the building, came to the conclu-
! that 1t was a dangerous nuisance and ought not
! to be allAwed to stand; and gave notice to the
owner that they required Its Immediate removal
by him, or that they should themselve, order u
| TO be taken down. Dalnese thereupOn died his
hill PRAYING an injunction to restrain the board
and Inc Inspector from carrying their purpose
into effect, aud avefring that he had obtained
lawful permit to erect the building, and that
stantIal manner, and Of good materials. The
usual restraining order was thereupon made by
the court, and day fixed for hearing the applcS-
meantime Dalnese was going on diligently with
! the work upon his houses. The board then filed
a counter ill to have Dalnese restrained from
Succeeding further with his work until the mat
ters in controversy could be heard and deter
mined.
pending exhibits and aifidayits, but the decision
, | 10 he made In the nrst case will determine the
other. The ayerments Of Dalnese's bill as to the
quality Of the materials used and snillclency Of
the structure are natly cOntfadlcted by those Of
: the defendants answer, and each side has forti
. fied itself with numerous afildayits,
The weight Of authority. however, appears e
poratlon authorities; and am entirely satisfied
that the structures In question, u allowed TO b!
completed, would he not only "burlcsque,
and disgrace to the city, hut dangerous
D nuisance TO the public, and that such Is thelI
T character al this time.
; But whether these houses he public and dan
. gerous nuisance or not, the court cannot inter
fere to restrain, BY injunction, the corporate au
a thorites from following their own Judgment %
the subject, sh opld they choose to take the risl
b Of action for damages At law.
G II lsa well-settled rule OF law that court o
equity except In a very peculiar cases, does no
= Interfere TO restrain the commission Of an act Q
/ law for damages
q In Hart vs. Albany, . Wen, 81, complainant
n had built a noating store-house In the basin
= which the corporation threatened to remove
s The chancellor granted a Temporary Injunction
l. which he subsequently dissolved; and IL was he'll
s by the Court Of Errors that the injunction hal
II ants could obtain ample compensation for tn
traspass should 1t be committed In an action q
e ia law; :, ,,..,..,., ,n,,,., ,
i | Of necuIaT importance a. respects the acts Of
Il public oticor such a. the Inspector Of building
J, on board Of pghlio works IN large city. n
a with his own lie Is Obliged by law 30 TO use hi
e own property, and 80 TO conduct himself As no
" to endanger or modest the rights Of his neigh
7. bors. There exists probably, no large town 0
ID city In ChristendOm where regulations present.
IL ing the materials and methods OF constructiO
n Tor buildings have not been adopted from absC
n int necesslty' For the purpose OF enforcin
e these regulations agents are Indispensable, an
1t these agents must BE clothed with large disOr,
]. ton and powers OF summary nrtlOn. Is thef
4 any good reason why one man should proceed {
e his own will and In a summary way to create
nuisance which will cndanger the lives or dli
d turb the comfort OF his neighhOrs which wOul
h not equally Justify some other man to remOy
= the offending cause In q like summary way2
u Van wormef vs.. Albany, 10 Wen, 262, the Chic
Is Justice said; alt Ia right that such powt
e should exist somewhere, to be exercised upon
e proper emergency. II the civil authorities wer
ID Obliged to await the slow progress Of publ
e, prosecution the evil arang from nuisance
lr would seldom he avoided" And In Renwick VI
le Norris IIlll 62l, II was laid down by the cOu
le that the remedy by abatement Of nuisance wa
se In all respects concurrent with hat by indie
Il mcnt,
he By the JTth section OF the act OF Congrei
4. establishing the present government Of the ID
IN trict Of Columbia II Ia provided that the Board
a. Public Works "shall make all necessary regul
4. tons respecting the construction OF privai
thuildings In the District Of Columbia, subject
the Supervision OF the Legislative Assembly"
In pursuance Of this power that hoard on u
" 18Th 81 August, 1917, adopted the building reg
latiOns now IN force. These regulations pr
yided for the appolntment Of an inkpectOr