Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-09-16
District Drawback Certificates.

A DECISION OF CONTROLLER LAWRENCE II THs
CONTROVERSY BETWEEN THE DISTRICT COM
AISSIONERS AND COMMISSIONER GILFILLAN.
The law requires the District Commissioners
to send to the Commissioner of the District
Sinking Fund (U. s. Treasurer Gllfillan) the
drawback certificates received In payment OF
special assessments The Commissioners sent
to the Z. S. Treasurer and Commissioner about
$1,000 of these certificates. They were not
signed by them, but by one Of their clerks, Mr..
Rcome. The Treasurer held that under the
law they must be signed by the Commissioners.
and on July last directed Collector Cook not 10
receive any such drawbacks unless they were
signed by the Commissioners He also sent
similar instructions to Mr.. Beall, who was then
In charge Of the special assessment division OF
the commissioners Office. General Reynolds,
1st Auditor OF the Treasury, took the same
ground. and requested, few days ago,
as to whether the drawback certificates issued
upon the revision of erroneous assessments
under section OF the act OF June 2'th. 1879
should be signed by the Commissioners OF the
District of Columbia or majority OF them
Judge Lawrence has made decision On the
point raised. He holds that the act referred TO
provides that as the Commissioners are author
lied and directed, upon written complaint Of
erroneous assessments. to revise, correct
and issue drawback certificates to the
amount Of excess or erroneous charge.
such drawbacks, in accordance with the
law,must be signed by at least no ajorlty OF the
Commissioners. This is SO clear upon we'll set
tied principles OF law, says Judge Lawrence,
that 1t can scarcely be necessary to prepare al
extended opinion or cite authorities In support
or II. 1t may be an oDerOus duty for the Com
mlss1cners to sign numerous drawback cerLlti-
Gates, but 1t Is duty which cannot be dele
gated to any clerk, but must be performed by
the commissioners in person; and the draw oack
certificates must be issued as the result OF their
Judgment In each particular case, though. or
course, they may be aided In any proper way fn
procuring the evidence upon which their
JUDGMENT may be based Il understand
that the drawback certificates are somewhat
numerous and that they have been signed by
clerk: and | understand it is desirable il prac-
ucahe for the purpose, OF relieving the Com
mSsloners OF the duty OF signing their names in
a multitude CT cases; that schedules should ba
prepared Of the drawback certificates, and tnat
the commissioners. The act OF June 9th. 1879.
only authorizes certificates to be received In
payment Of all special assessments and for all
general taxes due before the 1St OF July, 1SI1.
which are issued IN conformity with the law:
but as TO certificates which had been issued
prior to the date OF your letter to the Commits
slonels OF the 1st OF April, 1850, schedules
may be made with a convenient number
OF drawback certificates thereto attached, AMI
proper certificate may be made and appended
to the scheduieSNand signed By the Commits.
s1onerS. The certificates, however should show
that the Commissioners themselves revised AMI
corrected the assessments complained Of and
found them respectively erroneous. aud that
the certificates are Seyerally issued by them TO
the persons entitled to the same, and In other
respects show a compliance with the act of
June 2Ith. 1879 feel disposed, as know you
do to DO all that tie law will warrant to pro-
mote the convenience OF the Commissioners OF
the District, and 1t seems 10 me, under the cir
cumstaIces. that the course now suggested Is
allow