The Washington times., 1894-08-26
CONCERNS OF THE DISTRICT
Attorney Thomas Report of the
Operations Of His Office.
LAW COMPLICATION COMPLETE
Be Amended So as to Make Control of Them
More Effective Regarding Wit
ness Fees-Protest Against Wagon Stand.

It required fourteen pages, letter size and
type-written, with a three-page annex, to
contain the statements of the operations OF
the Office of the attorney for the District for
last year, together with such recommends
tions with the view to increasing the eff
cheney of the office" as Mr.. Thomas felt called
upon to make.
There were 54s advisory opinions given
last year on various subjects arising in the
course of municipal administration and in
regard to legislation, and this, Mr.. Thomas
says, is an increase of 212 over the previous
year.
There is but one District case pending in
the Supreme Court of the United States, that
of the District against the Washington Gas
Light Company. The action is 10 recover
the sum of S5,149.53, the amount of judg
ment recovered by one Marietta NJ. Parker
against the District for personal injuries sus-
tanned by stepping into an open gas box In
the sidewalk. The case is important, as in
yolying the question whether the District Is
bound TO protect the Gas Company's works
and keep its gas boxes in repair or whether
the duty is imposed upon the Gas Light Com
pany.
Twenty cases on the calendar against the
District were disposed of-siXteen tried by
Jury, with verdicts for the District in eleven.
Four cases were discontinued by plaintiffs.
Sixty-eight cases are now pending against
the District, thirty-one being known as ''sewer
cases" which grew out OF the great floods in
Tiber sewer in 1889
The Judgment in favor of Edwin Gray
against the District. in which claim is made
for alleged damages TO his foundry and ma
chine shops by the floods in 1889. has been re-
yersed by the court of appeals and new
trial granted. 1t is believed that this class Of
cases will be disposed OF in favor OF the Dis
trict The remaining thirty-eight cases are
mostly actions for personal injuries resulting
from defects in streets and avenues, and in a
number Of these the District has an action
against the persons making the excavations
complained OF.
CASE OF DOWNING VS.. ROSS.
The decision of the court in the case Of
Downing vs. Ross is referred to as a valuable
precedent, affecting municipal admInistra-
tion. This was a case filed by Downing and
others to restrain the Commissioners from
accepting a proposal for asphalt paving, on
the ground that it was informal and against
their interest 10 do so. II was held that the
jurisdiction of a court OF equity 10 enIoln
municipal officers in the discharge of their
duties cannot be invoked 10 promote the ul-
terror or private objects OF the complainants,
and that a court of equity will IN no case in
terfere in the official discretion invested in
municipal officers.
There were 1875 lunacy cases during the
year. an increase OF twenty-one over the pre-
vious year. By reason OF the decision rem
dered by the court OF appeals in Altman vs..
the District, that assessments under the So
called compulsory permit" system for i'm
proyements were void, because the statute
did not provide for notice or what is called
due process Of law. all the uncollected as
sessments from 1890 10 the close of the last
fiscal year are uncollectable. The defect in
the statute has been remedied.
There were Is, ,527 cases tried in the police
court during the last fiscal year. decrease
of 569 us against the previous year. This
falling of is attributed in part 10 improved
discretion" OF officers in making arrests also
TO change in the practice OF multiplying
charges against persons after arrest, and to
the transfer of offences for carrying concealed
weapons to the United States side of the
court. The fines collected amounted to
$50, ,S2426.
Important legislation was asked from Con-
gress by the Metropolitan Railroad Company
for extension of its lines This legislation
was opposed by the Commissioners except
upon condition that the company pay judg-
ment Of Sl6I .622 81 rendered in favor OF the
District for paving from 1871 to 1878. The
claim was referred 10 the court of appeals to
| be tried upon its merits. with proviso that
unless the judgment of the court OF appeals.
il 10 favor of the District. shall be paid within
a certain time. the privileges granted by the
act shalt be null and void This will finally
dispose OF question which has vexed the
authorities and the community for many
years.
The attorney thinks the District law as to
weights and measures is in need of reform.
CONTROL OF INSURANCE COMPANIES.
ua il aIco Of ppipio, bat ha ar,rrn,-aj
January 26, 1887, regulating insurance in the
District needs amendment The public
authorities should be authorized TO make a
personal examination OF the condition of
each insurance company doing business in
the District when deemed necessary. 1.-The
recent attempt" says Mr.. Thomas, ''of an
insurance company in this District to transfer
its obligations TO foreign company without
the consent of its policy-holders gives em-
phasls to this matter"
The attorney believes the Commissioners
should have conferred upon them general
power TO make all such reasonable police reg
ulations as they may deem necessary for the
protection of health, life, and limb. and the
promotion of good order; and they should
also have power to remit fines and penalties
and grant pardons for offenses committed
against the District under acts of Congress.
This would save the President much trouble
The compilation OF the District laws, made
by a commissioner appointed by the supreme
court of the District, has been completed,
| approved, and is now going through the
press.
Attorney Thomas refers with satisfaction
to the act of Congress legalizing the regula-
tions promulgated by the late board of health,
and say the situation is relieved thereby OF
embarrassment.
BUSINESS IN THE POLICE COURT.
In the summary made by James L. Pugh,
special assistant attorney, of the police court
| business for the year closing June 80 last, it
is shown that there were tried during the
year 6,543 persons upon the chargs of dis
orderly assembly; 1,407 for profanity; cruelty
! to animals. 306; destroying public property,
81; destroying private property, 1877; offering
adulterated milk for sale, q; Sunday bar IA;
nuisance, 81; fast riding, 10; fast driving, s5;
| indecent exposure, 206: druggist, selling
| liquor without prescription, 8; playing ball
on street, 32 selling liquor to minors, Z, and
| for carrying on various business without
| license number in each case varying from
to 81 with but exceptions, in which there
| was but l each.
The question has been raised and submitted
| to the attorney for the District as to whether
witnesses who appear in a District prosecu-
| ton for maintaining a nuisance are entitled
| to fees. Attorney Thomas decides that Sec
| tion 1912 of the Revised Statutes, relating to
| the District of Columbia, provides that wit
| nesses before the police court shall receive
| the same fees as are allowed for similar SER