Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-25

be to the remaining land. The commission
returned awards which in the aggregate
cepted on various grounds but the court
overruled its exceptions and confirmed the
awards. except in respect to an item Of
$500 awarded to Prospect Hill cemetery
as damages for difference In grade.
The judgment Of the court confirming
said awards, the District of Columbia and
an appeal to the Court Of APT cells. and the
cause Is now peEding In that court. The in
justice Of excluding benefits in that case in
duced the Commissioners to appeal to Con-
greSS to authorize the Supreme Court of
the District to vacate its order confirming
the report of the commission. and to direct
the proceedings to extend said street. to be
taken according to chapter eleven of the
ing to the District of Columbia, which al
lows benefits to be deducted from damages
In the case of land taken for public high
ways. Such legislation has been procured,
and it's effect Is to repeal much of the
act Of 1880. as provides for condemnation of
land otherwise than as a site for the gov
eminent printing officel by commission.
and reinstates chapter eleven of the Revised
Statutes of the District, which recognizes
benefits as an element Of compensation. and
which also provides for a second jury, In
case either the District or the owners are
dissatisfied with the first verdict. A motion
has been filed to vacate the judgment of the
court confirming the report of the commits
sion In the matter Of North Capitol street,
coming fall.
The Hay Market.
There are several equity proceedings in
which the District Is a party now pending.
but the only one worthy of special mention
| is the case Of the Washington Market Com
rany against the District In that case the
Commissioners in November. 1891, being ad-
vlsed that the occupation by the market
company Of the space at the intersection of
Inn and and
18th streets. commonly called the hay
N arket." was illegal. gave the company no
tfce to vacate. Thereupon the market COM
pany filed its bill to enjoin the Commits
sioner3 from carrying out their purpose of
getting possession Of the space. on the
ground that they had held 1t by an ''agree-
| ment with the late governor and board of
public works of the District" The case
was argued and submitted to Mr.. Justice
iagner near the close of the year under
consideration. The court has since decided
the case on all points in favor Of the Dis
trict. and the market company has taken
an appeal to the Court Of Appeals When
the Commissioners get possession of this
square they should ask Congress for money
70 improve 1t for the purpose Of whole
SAFE market, and thus carry out the design
OF Congress as expressed in the sixteenth
section OF the charter Of the Washington
Market Company. approved May %. 1870.
Police Cases.
There were two mandamus proceedings
| ton OF the Commissioners as an excise
board In regard to the issuance Of liquor
licenses and one involving the validity of
| the plumbing regulations. providing that
permits for opening streets and avenues
and tapping water mains In sewers shall
only be issued to registered plumbers-both
or which were decided In favor OF the COM
missioners. Appeals have been taken by
| the REALTORS In both cases to the Court Of
Appeals.
There were 1881 cases tried in the Po-
lice Court during the last fiscal year. being
| decrease Of l $50 cases as against the
previous year. This falling on in the num-
Der Of cases in the Police Court Is due
largely. l think. to improved discretion OF
officers In making arrests which reflects
credit upon the police department.: also to
change In the practice Of multiplying
charges against persons after arrest. and
! to the transfer by act Of Congress of Of
lenses for carrying concealed weapons to
the United States side OF the court. During
the year in question the fines collected In
| the Police Court from the District cases
amounted to <36.S24.26. being $3.343 40 less
than for the previous year. This decrease
| in revenue is due principally to loss Of fines
| for concealed weapons. and to the fact that
| from June 30 to November 1, 1893, we had
no law regulating the sale Of liquor as to
licensed places.
Metropolitan Road.
During The past year important legisla-
| ton WAS asked from Congress by the Metro
| politan Railroad Company in regard to an
extension Of its lines and a change In its
motive power. The question of the payment
| Of the judgment in favor Of the District for
$161, 6Z252 that was rendered for paving
| during the years from 1871 to 1875 was in
voWed. The Commissioners opposed the
legislation, except on condition that the
| company pay this claim with interest and
Congress. after full consideration. referred
the whole matter to the Court Of Appeals
| to be tried on its merits upon the record
| and proceedings in the original case, and
such additional evidence as that court may
see At to take. with q proviso that unless
the judgment Of the Court of Appeals, II in
| favor Of the District shall be paid within
certain time the privileges granted by the
act shall be null and void. The necessary
stipulation on the part Of the railroad COM
pany has been prepared and filed In the
case and the record will be transmitted to
the Court Of Appeals early In the fall This
will finally dispose Of question which has
vexed the authorities and the community for
many years.
Some Recommendation.
1.-The law In regard to the inspection and
measurement Of lumber having become OBJ
| solete. drafted and submitted to you dur
| ing the year In question a bill to be sub
mltted to Congress- empowering the Comis-
sioners to make regulations for the meas
urement and inspection of lumber. This bill
has not become a law. 1t Is important that
| 1t should again be brought to the atten-
ton Of Congress at its next session.
Our law as to weights and measures Is
cid and needs reform. We have one ordi-
| I ance on the subject as to Georgetown (of
1920, and another (of 1S2O) to Washing
ton. The law should be uniform, and a bill
| to accomplish this result has been drafted
and referred to Congress. but it has not be-
come law.
Il would also renew my suggestion that
the act Of Congress approved January e,
1887. regulating insurance in this District,
Is inadequate and needs amendment. A
bill designed to correct defects in this law
has been drafted and submitted to you for
reference to Congress for enactment The
public authorities should be authorised to
make q personal examination of the condi-
ton Of each insurance company doing pusi-
ness In this District, when deemed neces-
sary. and IL the condition be such as to
rel der the further prosecution OF business
Ut wise. to institute proceedings to increase
ir ancial strength or revoke its license TO
do business. The recent attempt of an in
surance company In this District to trans
fer its obligations to a foreign company
without the consent Of its policy holders
gives emphasis to this matter.
Congress should also be asked to confer
upon the Commissioners general power to
make all such reasonable police regulations
as they may deem necessary for the protec-
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