The Washington times., 1894-10-03
CONCERNS OF The DISTRICT
Attorney Thomas Decision in the
MalOney Party Wall Matter.
PERMIT IMPROvIDENTLYISSUED
Building Inspector Entwisle Dissents-Com-
missioners Dismiss the Charge of Neglect
of Duty Against Policeman Andrews
Jeweler DesiO Complains of schmid's Store.

ers yesterday OF an important addition made
by him to the bill he prepared for requiring
owners of vacant lots to keep them clear of
decaylng vegetation.
The papers were again referred to the at
torney upon a suggestion made by w. C.
Dodge, who expressed the opinion that the
presence OF weeds upon the vacant spaces is
not so destructive TO health as are the pools
OF stagnant water, and recommending that
the owners of such lots be required to reduce
them TO grade, in order to provide against
dampness in the walls of adjacent buildings.
Regarding The suggestion as a good one, Mr..
Thomas has amended the regulation so as to
require the grading to be DONE A regula-
ton already provides against the stagnant
water pools.
The bill prepared by Mr.. Thomas will affect
a great many of the uninproyed lots now
above grade and fronting on improved streets.
avenues, and reservations.
The complaint of Connolly Brothers of an
alleged violation OF the building regulations
by Z. 5. Maloney. in placing windows in the
wall OF a stable nd oinIuG lots 10 and II,
square PSI. has received the attention of At
torney 5. 7. Thomas. aud in an opinion rem
dered yesterday he sustained the complaint
ants
1T results" said Mr.. Thomas. that the
permit TO Maloney TO build his wall with win
dows IN IT, was imprOSidently issued the wall
ia question being in law a party wall. In my
opinion, the permit having been issued on
the impression that il was not party wall, il
should b4 revoked so far as windows or open
ings are concerned"
The opinion Of the attorney is at direct
variance with tie views held by the building
Inspector who in the same ease decided that
the Maloney wall was not in law party wall.
The wall Is built on Maoneys lot the foot
ings alone projecting upon the Connolly lot.
Mr.. Entwisle insists that the projection of
underground footings does not create joint
right 10 4 wall. and that they were caused 10
so project by reason that the wall was, under
the regulations, required 20 be set exactly in
the center of the fOotings.
Il did not expect the attorney to hold diff
ierently,' said Mr.. Entwisle yesterday. "Sev-
eral years ago he decided in a case tnat arose
on NJ street northwest that wall set on the
building line destroyed the easement OF the
adjoining owner, and that therefore the wall
might be occupied as party wall. Being on
record in that matter his views OF the ques-
tion, as expressed in this last opinion were
anticipated by me- OF course he construes
the law as he understood ii, and We cannot
always agree. l am Of the opinion that the
Maloney wall is his own property
CHARGES AGAINST ANDREWS DISMISSED.
The findings of the trial board in the case
of Private W. W. Andrews. of the Metropoli-
tan police force. for alleged neglect of duty.
have been approved by the Commissioners.
the verdict being that while guilty of the
specification. in view of the facts shown at
the trial the charges should be dismissed.
Private Andrews was detailed SepJem Der
to watch a disordery house in a block on L
street, detween Hall and South Capitol. lie
proceeded 10 the duty in citizens clothes.
and while officially employed was set upon
and injured by occupants of the suspected
house. Sick from the effects of the bruises
be sat down near the point where he was TO
be relieved from duty. between Fourth and
Fifth streets southeast and fell asleep When
ioUnG Il was about O'Clock a. N. Pre-
yiously however. he succeeded with assistance
in arresting his assailants and lodging them
IL the stgtion-house. Before the trial board
Andrews confessed TO the circumstances. but
stated the extenuating facts. man named
Cobb and two women and man not named
were the parties arrested, one of the men
kicking Andrews severely and adding to the
injuries by chewing the policeman's finger.
COBB was asterward fined $50 in the police
court IOr his part in the transaction.
J. Morrill, Chamberlin was yesterday ap-
pointed 10 the position OF cashier in the office
OF The collector Of taxes, 10 take effect No
vember !. 1894
Albert Shaw and Henry NJ Willis, addi-
ti0nal policemen at the Baltimore and Poto-
mae derOt. have asked renewal of their com
missions for term of three years and the
application has the Endorsement OF Major
Moore.
Building permits issued yesterday: E. n.
Gilpin, for seven brick houses, Nos. 1888 to
l24S keDesaw avenue, $50 900; c. Referstuin,
for eight dwellings. Nos. sos to 922 Second
street and 907 10 923 Third street northeast.
$4,000: r. h. Cook, dwelling, No. 1876 P
street northwest, $4,000, and Otto Rupert,
dwelling and store, No. 1902 Twelfth street
northwest, 81, 400.
AGAIN AFTER BIRD-DEALER sCHMlD.
Gerome Desio, ieweler, at No. 1928 Penn
sylvania avenue northwest, has lodged a com
plant with the health Office Of alleged obiec-
tionabe Odors arising from Schmid's bird
store adjoining Desio's premises Dr. Wood
ward called at Schmid's and made an inspec-
ton o1 the surroundings He said yesterday
that he found everything in good sanitary
condition, but he learned afterward that Mr..
Desio's complaint was of the malodorous
eminations when the bird store is first opened
of mornings The allegations are that the
atmosphere in that vicinity is heavily charged
with very Objectionable and nauseating mat
ter in the early hours Of the day. DR. Wood
ward has not decided upon a course of action
in the case
II was ordered yesterday that the resigna-
ton Of S. w. Nelson, assistant permit clerk in