Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-25
Mr.. THOMAS REPORTS
A Busy Year for the Attorney for
the District.
CASES TRIED and TO Be TRIED
Many Recommendations in Regard
to Needed Changes.
P LICE COURT CASES

LICE COURT CASES
The annual report Of Mr.. 8. T. Thomas,
attorney for the District of Columbia, was
submitted to the Eofnmissioners this after
noon. In his repsst Hir. Thomas says:
"Durine the year under consideration five
| hundred and forty-eight advisory opinions
were given on various subjects arising in
the course of municipal administration and
in regard to legislation pending before Con-
gress affecting District interests, being an
| increase of two hundred and twelve over
the previous year. It will thus be seen that
the duties Of the Office yearly involve in
creased labor. Az to- congressional bills not
| municipal In their character, referred to
this Office by you )fot report, 1 have sub
mitted them to the justices of the Supreme
Court of the District of Columbia for their
views. and 1t Is gratifying to state that
| they have promptly responded to my re-
quests, and their valuable suggestions have
been awaited Of In the advice l have given
you on those subjects.
Some Cases.
There is but one District case pending in
the supreme Court Of the United States.
the Washington Gas Light Company. This
| was an action by the District to recover
over against the gas light company the sum
| Of $5.149.5S. being the amount of a judy
ment recovered by one Marietta NJ. Parker
against the District for personal injuries
| sustained by stepping in an open gas box In
the sidewalk. In its action over against the
gas company, having been affirmed by the
general term Of the Supreme Court Of the
District Of Columbia. the sAs light company
removed the case by writ of error to the
| Supreme Court. The case Is important. as
involving the question whether the District
| Is bound to police the gas company's works
and keep its gas boxes in repair. or whether
that duty il imposed upon the gas light
company. s~.-
''Of the cases against the District on the
calendar Of the Supreme Court Of the Dis
| trict at the close OF the last fiscal year. and
court. twenty have been disposed of. SIX
teen were tried by jury. resulting In verdicts
for the District In eleven cases, and against
| the District In fve cases. Three of the
latter grew out Of the same accident-the
| falling Of q District fire alarm telegraph
POLE and four cases when called for trial
were entered discontinued" in the clerk 8
office by the plaintiffs. Eight new cases
| were added to the Hist during the year. SO
| that there are now sixty-eight cases pend
| ing against the District: Of these thirty
one are of the class known as sewer cases,
which grew out Of the great floods In Tiber
sewer in 1851.
"Since my last report the judgment for
| $S694. In the case Of Edwin N. Gray against
| the District Gin which $4,000 Is claimed for
| alleged damages to his foundry and ma
chine shops by the floods of 1880, has been
reversed by the Court Of Appeals. and a
new trial granted: a second trial resulted
III a verdict for S. 800 for the plaintiff; this
verdict has also been set aside and a new
| trial granted. 1t is confidently believed
| that this class of cases wilr ultimately be
disposed Of by the District on the principle
that 1t is not liable for damages resulting
| from the extraordinary foods Of 1889. The
| remaining thirty-eight cases are mostly
actions for personal injuries resulting from
defects in streets and avenues, growing out
mains. plumbers cuts ana projecting water
| and gas boxes In a number Of these the
| District has an action over against the per-
sons making the excavations complained of.
| 50 that any damages vt may be called upon
| to pay Tin that class Of cases. will be re-
| imbursed. Whilst a municipality Is not un
| insurer against Accidents happening upon
Its streets and ~, w9rks IT is its duty. how
and reasonably safe' for travel Vigilance
| in this respect Wall prevent suits for per
sonal injuries from Is unduly multiplying.
| There are now pending In the Court Of Ap-
peals Of the District Of Columbia five Dis
trict cases, being appeals from judgments
Of the Supreme pCourt Of the District Of
Columbia: Since my last report the Court
| Of Appeals has made decision very yalu-
able as affecting municipal administration
/ refer to the casA ofsDowning VS.. Ross. -
This was a case filed by Downing and
others. alleging themselves to be Taxpayers
to restrain the Commissioners from accept
ing proposal for asphalt paving. on the
ground that 1t was Informal and against
their interests to do 50. and IL was held
their reservation of the right to reject any
| and all bids for public works, to reject or
ignore a condition interlned by the bidder
IN his proposal: that the jurisdiction Of a
| IN iOin picfn
In the discharge Of their duties cannot be
invoked to promote the Interior or private
objects Of complainants; and that a court
OF equity will in no case interfere In the
official discretion invested in municipal offi-
GERS. Early In the year a question Of some
importance arose by reason Of an adverse
ruling in the Treasury Department. in re-
s4ect to permit work in the District OUT
side the cities Of Washington and George
town; review Of this ruling was obtained
ard the department reversed its action.
accepting the claim of the District
There were 100 lunacy cases during the
past year, being an increase Of twenty-one
over the previous year. OF these 1870 were
tried by jury. and 6S were committed to
sioners.
Assessment Laws.
There were during the past year l32
certiorari cases against the District tried
In the Supreme Court Of the District Of
Columbia, mostly to quash assessments I'M
ueT the so-Cdlieu compulsory permit SyS-
tenn, and also to cancel assessments made
for improvements, under continue lions of
| contracts made by the late board of public
works.
1.-THE court of appeals having decided in
the case Of Altman VS.. the District that
assessments under the so-called "compul-
sorry permit" system for improvements in
the way Of sidewalks. paving and sewering
Of alleys. &C., were void. because the statute
under which they were made did not pro-
vide for notice. or what is called due pro-
cess of law II results that all the uncol-
lected assessments from 1890 to the close of
the last fiscal year are uncollectable. Con-
gress was asked to cure the defect in the
law and the necessary legislation Is con-
tanned In the District appropriation BILL ap-
proved August I. 1894. No proceedings have
been taken under the provisions of law in
regard to enforcing the liens Of the District
for arrears Of general taxes where, at tax
sales, the District has become the pur-
chaser. Although this feature of the tax
law has been in existence since 1877 II
has not been enforced, for the reason that
there has never been any money appro-
priated to pay the costs and expenses of
the necessary legal proceedings. Congress
should be asFed for an appropriation for
this purpose, or else the law should be
changed. In this connection 1 renew my
I