Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-09-08
The Night Soil Contract Middle.

AN UINioN OF ATTORNEY RIDDLE.
IL VIII be remembered that the District Com
lhissioners made contract with Mr.. Draney for
the collection and removal of the garbage and
nlgnt soil, the same having been competed for
by bidders i'm the usual Way. Soon after Mr.
Draney entered upon his work he found a COM
petitOr in MIR. Francis Carter. the former con-
tractor Tor such work. who proceeded as before
IN using his machinery, and doing the work
twenty-five per cent cheaper than the price
charged Dy the authorized contractor. Mr. ORA
ney protested against this. and asked protection
from the commissioners against outside parties
interfering with his work. he being the only au-
thorlZed agent for the District. The orders left
at the health office for the cleaning out of
prlvies were, as a matter of course. all turned
over to Mr. Draney, which prevented Mr. Carter
from the facilities which he desired and during
the struggle Mr.. Carter was arrested for inter-
fering with the properly authorized agent of the
District. The case went to the higher court
and the decision was made that there could be
no monopoly in this business of removal of night
soil and garbage, but that it was open to any
and all who might desire to embark in it.
A COMMUNICATION OF Mr. DRANEY.
with copy of his contract was referred to Mr.
Riddle recently. In his communication Mr.
Draney states that he proposes that if he
can have exclusive access to and use of
the health inspectors list of full privies,
he Will do the necessary work of the public
schools and buildings of the District. and
health office in consideration thereof
WHAT Mr. RIDDLE SAYS
Mr. Riddle yesterday returned the papers of
MIR. Draney. stating that On examination he can
nnd no provision covering this matter in the
contract referred to. So far as that is concerned
the District is liable to pay for this work. He
thinks there is undOubted authority of law to
make contract with Draney, and he cites the
fact that in January. 1880, the District prose-
cuted Francis Carter for a violation of pro-
vision found in Webb's Digest which called in
question the 14th section of the Board of Health
ordinances, for unlawfully doing the class of
work covered by Draney on a similar contract
Carter was arrested, and on habeas corpus the
Criminal Court, Judge James, discharged him.
holding. in substance, that the provision in
Webb's Digest had been set aside, and that the
l4th section of the health ordinances was not
law. The act OF Congress Of April "a, 1880.
affirming and making these ordinances law.
omits among others this 14th section; so
mat mat, In effect; any one may engage in
which is law, requires the privies complained
OF to be cleaned by the person author
lied for said purpose, which authorizes. as
MIR. Riddle thinks, o contract with or appoint
ment of some person to do this work; yet so far
as the law is concerned he is left to compete for
these jobs with all Others who may engage in a
like service: On one of the questions raised,
the right of exclusive access to the list of Iull
prlvies, Mr.. Riddle says: ''Of course there would
be great advantage in his having sole use of the
inspectors lists. Can the Commissioners give
him this? Ought they to do it under all the
circumstances? do not regard these reports
as anything but files. They are not records
within the provision of the act of February 6,
1879. as think. They show the temporary con-
dltion of real estate for police purposes purely;
are made and filed by the District government
for its own use; and see no good reason, why
like all the files and papers of the District, they
may not be within it's control l do not reach
this conclusion with quite the clearness and sat
isfactiOn that one wishes to feel in dealing with
questions administrative law, and perhaps this
should not be lost sight of in determining the
expediency of making this arrangement, which
is not submitted to me. l may be pardOned for
saying that to- do so involves rescission of an
existing order, and would very likely provoke
unpleasant clamOr and criticism-pOssibly liti-
CATION. Of all this your board is to consider
and decide. l may further add that while
Draney sustains peculiar official relation to
the matter in hand, and seems to have superior
claims, | should hesitate to make access to the
files OF the District subject of agreement but
OF all this you will decide