Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-21
COMPULSORY PERMITS
Court Of Appeals Strikes a Serious Blow
at District Methods
Improvement Cannot Be Made With
Disappointed at the Decision.

out Due Notice-The Commissioner
disappointed at the Decision.
In the Court of Appeals yesterday after
noon after the adjournment of the court
number Of decisions were fled four Of
which are Of the greatest interest to the
people Of the District The four cases in
volved cne great question. the legality Of
the compulsory permit system, under
which considerable improvements from
time to time during the past several years
been done by the District Commissioners
inc cases were James Altman against the
District OF Columbia, and Levi Jones'
Esther A. keyser and John w. Schaefer.
respectively, against the District. While
the four cases slightly differed as to the
particular circumstances in the several
cases, the principal upor which the courts
decision as to all Of them rested was about
the same. and the reasoning in the case of
Altman followed in the remaining cases
The opinion Of the court in the several
cases was written by Mr.. Justice Shepard,
that in the Altman case being a very
lengthy and elaborate one. The object of
the several suits was the issuance of a writ
of certiorari, that the record relat ting to GER
tain charges against the properties Of the
petitioners be inspected by the court and
they be Quashed and Cancelled. Altman set
out that he owned lot A and east half of
lot 4. square 231. this city, each lot fronting
on north line Of c street south between 14th
and 18th west; that the tax records bore IL
legal charges against said land, each charge
being for cost Of curb and gutter; that
Altman was not notified on what street the
work was done. or whether the whole or a
part Of the cost was charged; that said
charges were made under the permit work"
clause Of the District appropriation act Of
July 1S 1885, Mr.. Altman also stated that
he was not "a property owner requesting
said Improvement" and that he was not
consulted about the improvement, or heard
on its cost or the apportionment the work
being done on the petition Of one Samuel
Norment
Petitioner Wins.
The court decided the Altman cases and
the three others in favor Of the petitioner
and remanded the cases to the Supreme
Court Of the District, with direction to
enter judgments In their favor, thereby
quashing and canceling the charge made
against their properties by the Commis-
sioners Of the District.
In voicing the unanimous opinion Of the
court. Mr.. Justice Shepard says: In our
opinion the proper Interpretation Of the
statute Is that the lot owner cannot COM
pei the Improvement to be made. and the
public authorities cannot force 1t upon
him. Having neither Joined in the
request for the improvement nor ac-
Quiesced therein in any such manner as
would estop him from denying that 1t was
done with his assent, upon Norments re-
quest the petitioner cannot be lawfully
charged with any portion Of the cost"
After stating that Congress has never
adopted a complete or permanent regulation
of the system for the government Of the
provided for only in the yearly changing
and indefinite provisions Of appropriation
bills, Mr.. Justice Shepard says: THE fatal
defect in the act and in the proceedings
q HhArn vSvx@A ta ~ f,llt "a do f<r
notice to the owners of property and an
opportunity to them to be heard, at least.
before the final settlement Of the charge,
and lien therefor. upon their property. A
property, for which 1t may be summarily
sold, without notice and an opportunity CIV
en- the owner to be heard as regards Its
validity and fairness. u not due process
Of law"
At the District Building.
The attorney for the District brought the
news Of the adverse opinion Of the Court
Of Appeals to the District building today.
Immediately Commissioner Ross called a
meeting Of the board to discuss the opinion
and a large portion of the morning was
devoted to this matter. Mr.. Thomas ex-
planned that the court had held that the
compulsory permit system was defective,
and that while the law creating such a
system was good. there was no provision
providing for a notice to interested prop
erty holders when the work was to be car
ried out. The Commissioners were very
much disappointed at the outcome of this
trial and means were discussed whereby
the law could be made operative. Attorney
Thomas was directed forthwith to prepare
a bill to be submitted to Congress which
would remedy the existing defects in the
law.
Commissioners Disappointed.
Commissioner Ross, when questioned by
reporter Of The Star regarding this decision.
said:
1T is to be deplored that there is any
hitch at this time in the operation of the
compulsory permit system. / consider 1t
one of the necessary adjuncts TO our local
government. BY reason of 1t the authorities
have the power to order improvements
where from the condition of affairs. the
health of the people and the best interests
of the city demand it. Our course will be
to have the defects rcmeded at once. Our
attorney has had instructions to draft a
suitable bill, covering the case and we shall
urge it's immediate adoption"
Col. Truesdell was also disappointed at
the decision of the court. He said he could
not discuss the opinion in full for he had
not seen It, bu. this he would say: The
compulsory permit system was a good
thing and abs Jlutely necessary. OF course
people would be found everywhere whC OBJ
jected to being taxed for any Improvement,
but II was manlfestiy proper that when an
alley was repJrtci injurious to health. ana
the people there bouts were not wiliius, to
have it improved under the permit system.
the Commissioners could order The work
done upon the certificate of the health Off
Ger and assess one-half of the costs against
abutting property holders"
Engineer Commissioner Powell said that
he had not yet seen the opinion, bat
thought that the opinion did not apply to
work done under the present operation of
the system. He dill not consider thut the
four cases passed upon were In ang sense
test cases. and said that the work under
the compulsory permit system would con-
tinue untif the Commissioners hai received
more definite Information. Referring to the
needs OF n compulj yry permit system, Capt
Powell said there vas no DOUBT that ii was
an absolute necessity and could not be
dispensed with without great injury TO
the citizens of the Distrc'.
Capt. Fieheger said he had not seen the
opinion and did not know its application.
He said the compulsory permit system had
been applied specially In his department TO
the pavement of unimprovea alleys and the
requirement of dangerous sidewalks. He
said the paving and consequent cleaning of
the alleys had done more probably to i'm
prove the sanitary conditions of the city
than any work of recent years. 1t is to be
regretted that even a temporary suSpen-
sion of this work has been rendered neceS-