Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-19
The District Comm issiOnerS aud As
sissant u. s. Treasurer Wyman.

III 1NuiSt STAh We Ccftdtu CUl
respondence between Assistant L. s. Treasurer
Wyman and the District commissioners, in ref
erence to instructions which the former gave to
Mr. George w. Beall OF the special assessment
division Of the District government, Which he
declined to obey, on the ground that the Dis
trict Commissioners were his superior officers,
and he had received contrary instructions from
them. To the letter of Mr.. Wyman, OF April
10th. then published, the District Commission
erS reply as follows:
OFFICE OF THE COMMISSIONERS OF THE
DISTRICT OF COLUMBIA.
WASHINGTON, April 18th. $780,
Hon. A. U. Wp7lldn, Assistant Treasurer, US:
Sir: The Commissioners acknowledge the
receipt of your letter of 7th April, Transmitting
copy of your letter Of instructions to Mr.. Geo.
W. Beall, and also your letter OF 18th April on
the same subject
In answer thereto they deny the authority OF
the Treasurer or Assistant Treasurer of the
United States to insCtuct or direct Mr.. George
w. Beall or any other clerk or subordinate in
the Office OF the Commissioners, in relation to
the sinking fund or any other subject.
The commissioners are advised thai the
duties and powers which, by the 7th section OF
the act OF 11th June. 1878, were transferred to
the Treasurer OF the United States, constitute
personal and official trust which it is doubtful
whether he can delegate and that the Assistant
Treasurer as such, has therefore no authority
whatever iii connection with the District sink
king fund His relations thereto, if any, are
purely clerical.
They are further advised that the 5th section
of the act Of the legislative assembly of Goth
May, 1913, was virtually repealed by the I'd sec
ton OF the act of June 20. 1874. which gave 10
the then Commissioners of the District power to
apply the taxes and other revenues OF SAID Dis
trict, among other OBJECTS "to the payment OF
the debts of said District secured by pledge OF
the securities OF said District or board of public
works as collateral &C., and directed them for
sion Of ali the offices, books, papers, records,
moneys, credits, securities, assets and accounts,
belonging or appertaining to the business or in
terests of the government OF the District Of
Columbia and board OF public works." &C. The
board Of sinking fund commissioners which was
continued by the 1th section Of this act was not
excepted from this general control and super
vision by the Commissioners Of the District.
BY the so section OF the act OF 18th June, 1873,
the present board of Commissioners succeeded
to all the powers and duties OF their predeceS-
s0rS, and as trustees under the law for the
holders OF taX-lien certificates it IS their duty
to collect the special assessments levied for i'm
| pr0VementS OF streets and alleys. and apply
| them to the payment of taX-lien certificates in
the mode prescribed by law. The Treasurer OF
the United States. as holder Of certain tax-lien
| certificates, is entitled to demand and receive
from the Commissioners all collections made on
account OF such certificates as well as all lien
| issue ard deposit with him. Beyond this he
has no authority in the premises.
But even If this 5th section. on which th G
Treasurer relies for t he authority now claimed,
be still in force. 1t was never intended to inter-
fere with the control OF the District authorities
over the collection Of special taxes, but only to
secure lile appllcaIlOn OF the 1unQS so collected
to the payment OF the S per cent certificates.
Nor can it override or nullify the rlain re-
| QuirementS of a law OF Congress.
By the acts OF 10th June, 1873, and 9th June,
1879, the Commissioners are directed, in certain
cases, to issue drawback certificates and to re.
celve such certificates in payment OF al special
assessments. In accordance with these acts g
| large number OF such drawbacks have been
issued. and the commissioners are advised that
| tney have been properly and legally issued and
that 1t is their duty under the law to receive
them In payment of az special Assessments, in
ing fund commissioner, holds certificates. And
| struct the clerk, charged by the Commissioners
with the collection OF these assessments to dis
| obey these laws or to pass upon the legality OF
their acts or to intermeddle In any other way
| with the business and duties OF the CommiS-
SiOnerS.
They have therefore instructed Mr. Beall to
recognize DO communication from the Treasurer
or Assistant Treasurer unless sent through the
commissioners, and to receive in payment OF all
special assessments, as required by law. draw
back certificates issued by the Commissioners.
lie has also been instructed. in future not to
| transmit to the Treasurer the certificates thu
received, but to transmit only schedules of such
certificates certified by the Commissioners.
If, heretofore, the Commissioners have for
borne to complain of these interferences by The
Treasurer. it is only because they desired Il
avoid controversy. But the issue has now been
forced upon them.
By order OF the Board.
Very respectfully,
tSlgned.J j. DENT, President.