Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-05

partment had no ordinance under which dealers
In skinned or dirty milk. or milk that may bs
contaminated, can be prosecuted
The Pure Milk Association at recent meet
ing passed . resolution requesting the Commits
0oners to prepare regulation covering the
subject All OF the papers in the case were sub
mitted 70 the attorney, who says:
nave considered the proposed regulation
with much care, and have reached the con-
clusion that IL 10 very doubtful whether the
Uommisnoners have any power to make
OF Congress to regulate licenses to propri-
etors Of theaters in the city Of Washington, bis-
trict Of Columbia, and for other purposes. ap-
proved February rs, 1892, authorizes and
empowers the Commissioners Ito make and en-
force all such reasonable and usual police regu-
lations In addition to those already made under
the act Of January rs, 1887, as they may deem
necessary for the protection of lives, limbs,
health. and comfort and quiet Of ali persons
and the protection Of all property within the
District Of Columbia" This, / take 1t, is the
delegation Of the police power under which ii
IL assumed the Commissioners have the power
70 promulgate the proposed regulation.
In view Of the Supreme Court OF this District
in Sullivau's case co Wash. Law hep, 7I3) the
regulations authorized by section 2 OF the
Joint resolutions are such a. are In
smpliAcation Of those authorized 10
70 &A1oc W tnC oUmle&loucre I'M
der the act of January 26, 1877, and upon the
subjects specified In that act Al neither Of the
subjects in that act relates to public health IL 10
doubtful whether the Commissioners have the
power to make the proposed regulation under
that power.
S.. Such . regulation as is proposed would
clear the Commissioners had power TO
make 1t under the joint resolu-
ton. since section 6 Of an act of Con-
gress, entitled An act to prevent the
manufacture or sale Of sdulterated
food or drugs in the District Of Columbia"
approved October II, 1888 Qtwenty- fifth stat,
$40, applies to the case contemplated BY the
proposed regulation. That section declares
that no person shall in the District Of Colum-
bia. with the intent that the same may be
sold in its altered state, without notice, sub
tract from any article Of food any part OF il,
DO as to AFFECT injuriously its quality, substance
or nature, and no person shall sell any article
30 altered without making disclosure Of the
alteration, and any person violating the pro
visions Of this section shall be guilty Of mis-
demeanor and fined not exceeding sl0o."
Any one selling skimmed milk without dis
closing the fact would be liable to the
penalties Of this act, and so I understand
the Police Court has uniformly held. All,
then, that 1t h necessary to dc in order TO
convict persons Of selling adulterated or
skimmed milk il to purchase Q sample OF the
milk, take IL to the Office Of the commissioner
OF internal revenue for analysis, agreeably
10 the twelfth section Of the act The law
makes 1t the duty Of the Commissioners Of
internal revenue to give the health officer
or sny food inspector Of the District OF
Columbia Q certificate specifying the results
OF the analysis, which certificate is admis-
sible in evidence against the offender. While
it may be little inconvenisnt to the health
officer 10 proceed in this way, think II better
that the Inconvenience be submitted to rather
than that the Commissioners make Q police
regulation on very doubtful authority.
With this view Of the case, return the
papers without drafting regulation.
PROTEST. AGAINST A cKNSTERY.
number Of the residents and property
owners Of stsntontown, d. c., have combined
in petition to the Commissioner protesting
against the location Of cemetery in
that locality by the Russian Cemetery Asso-
citation The reasons set forth against the
cemetery are that the association has not COM
plled with the law which requires charter for
the purposes Of establishing . cemetery. Then
the sanitary arrangements are not good and
already one Of the residents, Mr.. George VII
kinson. has been obliged to abandon his home
on account Of the horrible stencil
WANTS THE SIDEWALK PAVED.
F. L. Campbell, chairman of the committee
on streets and sidewalks Of the Mount Pleasant
Citizens Association. has requested the Com
missioners to order the paving Of the sidewalk
opposite lot 2 on the north side Of Park street.
This Is the only ground, he says. not paved be-
tween 14th and 10th streets, and pedestrians
find il unpleasant after traversing two squares
Of good pavement to have to step in the mud.
DAIRY COMPLAINED OF.
J. VIM. Mister has lodged q complaint with
the Commissioners against the dairy at the
southwest corner Of 18th and c streets south
west because Of the bedlam that reigns there
between and O'Clock every morning.
AGAINST THE USE OF HxPLosIvEs.
DR.. Philip 8. Roy has protested to the Com
missioners against the use Of such explosives as
produce loud noises, for the reason that it has
q bad effect upon the sick
WANTS THE ROAD FENCED IN.
Alfred L. Leonard writes to the Commission
ers today suggesting that Columbia road be
fenced in, as at present ii is used to all intsnts
and purposes as q race course, and the fencing
might possibly reduce the loss Of life or injury
to pedestrians who are compelled 70 use the
road a. q thoroughfare as originally intended.
REPORT OF THE BOARD OF DENTAL HAMMERS.
The first annual reportof the board Of dental
examiners under the act Of June 6, 1892, wss
submitted TO the Commissioners today and il %
follows:
The "Act for the regulation Of the practice
Of dentistry in the District Of Columbia and
for the protection Of the people from empiri-
cism in relation thereto" approved june 6,
1892, requires the board Of dental examiners,
created by said act, to report to you imme-
diately information OF any violation OF said act
and annually the transactions of said board.
We, therefore, have the honor to report that,
as the information was received, violations OF
the act on the part Of E. z. Cady, II. l. Har-
Ian and George yaude yerg, all Of 4ol 7th
street northwest, were reported. Z. E. Cady
afterward registered, H. L. Harlan left the Dis
trict and Geo. vaude verg was arrested and
plead guilty before the Police Court May %,
1898. was fined ESQ and sentence suspended on
condition that he at once comply with the law.
On application, this board granted Geo. Vaude
yerg certificate May IS, 1898. emitting him 20
register with the health officer.
The law provides three conditions under one
of which q person must obtain u certificate
from the board and be registered as dentist by
the health officer before he may legally practice
dentistry in the District, namely:
!. Persons "practicing dentistry in the Dis
trict of Columbia at the time Of the passage Of
the act" without regard to their qualifications.
2. Persons VINO prove under examination In
the theory and practice OF dentistry, qualified.
in the Judgment OF the board, to practice