Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-11-03


xD-sroRAsg % euHPowDER-
A meeting Of the Board Of Health was held ut
their new quarters on + street, near 18th, on
saturday night.
Mr. Msrbnry, of the committee on finance,
submitted the papers in the case OF b. 8. Red
mopd. asking remuneration for
PROPERTY DEs rRoYkp BY Tas BOARD
of Mr.. A. X. Browne, attorney OF the board, as
20 the meaning Of the phrase "poor persons"
occurring in IAN act for the prevention OF dis
June 10. 1872" Mr.. Browne says "that the legis-
lature. by the words referred to, clearly intend
ed that class OF persons not paupers, but who
would be liable to become such IL deprived OF
the means to replace the clothing, bedding, and
furniture destroyed bv order Of the board Of
health. In other words, such INDECENT persons
as are not supported at the expense of the dis
trict, and would be subjected TO great suffering
or Inconvenience If not remunerated for the loss
Of such household goods as enabled to earn a
livelihood. He Is also of the opinion that If
compensation is made under the provision Of
said act, the amount viii be in the discretion Of
the board, and can then only be paid out of mo-
If there moneys in the treasury Of the
Board Of Health a special appropriation should
be made BY the legislature OF the district to pay
AFTER some debate, the subject was referred
to a special committee-Messrs.L angston and
Verdi-to examine each case and report to the
board
The president laid before the board the opin-
ion of the attorney Of the board Mr.. Browne)
in reference to
THE sEoReETowN POWDER MAGAZINE,
petition having been presented for its abate-
ment as nuisance injurious to health. Mr.. b.
says =" After a careful examination of the law
and the authorities bearing on the subject,
am of the opinion that the provisions of the or
ganic act, that makes II the duty OF the Board
of Health to declare what shall be deemed
nuisances injurious TO health and to provide for
the removal thereof does not authorize the
board to regulate or control the storage or sale
Of gunPowder. That IS part Of the police
power that may be rightfully exercised BY the
legislature under the provisions of the 18th Sec
ton of the organic act, but find no provision
Of statute or common law that authorizes any
action Of the Board OF Health in the premises:
i find, on examination, that the powder maya
zine referred to. and the ground on which ii
stands, zone half acre,) was the property of the
late corporation Of Georgetown, and that the
mayor of that city gave to John j. Bogue, then
agent OF the Dupont powder company, without
compensation, verbal permission; without any
lease the agents OF that company have been
using the powder house until this time. The
District Of Columbia being the successor of the
municipal corporations formerly existing with
in its limits, the authority over this property
formerly exercised by the mayor of Georgetown
to whom the petition for its removal should be
referred he, and he only, having authority to
revoke that permission. / venture to suggest
that the existing laws regulating the storage
and sale Of gunpowder within the District are
not sufficient to protect the community against
the consequences Of accidental explosions, and
that the governor be requested to call attention
Of the Legislature to this subject"
Mr.. Langston agreed with Mr.. Browne as to
the law, and said that the subject properly
came under police duties. He moved that the
secretary transmit the petition to the governor
DIR. Cox opposed such reference, expressing
the matter.
The subject was referred.