Evening star., 1896-03-23
OVERHEAD WIRES
Commissioners May Find New
Authority for Burying Them!
QUESTIONS OF LEGAL CONSTRUCTION
Further Hearing Given in the En-
rich Hotel Case.
OTHER DISTRICT AFFAIRS

The recent decision Of Judge Kimball in
the famous pole case has given the au-
thorities a suggestion which may result In
the burial of a number of overhead wires.
1t Is claimed that under the act Of 1883
1t was the evident intention of Congress to
restrict the use of overhead wires: For
this reason power was given the Commits
sioners to grant permits to lay conduits to
accommodate these overhead wires. This
being the fact. 1t Is held, it was not the
intention Of Congress 20 allow upon the
same street overhead wires and under
ground conduits. study of the char
tiers of existing companies which use over
head wires in whole or in part does not.
1t is claimed. disclose any authority which
tends to show that both classes of wires.
that is, overhead and underground, are to
be recognized. And this position Is
strengthened, 1T Is held, by the rule of con-
struction relating to statutes, which is that
where statute operates as grant OF pub
lie property to an individual for the reiin-
quishment of a public interest and there is
a doubt as to the meaning of its terms or
as to its general purpose that construction
should be adopted which will support the
claim Of the government rather than that
of the individual.
Proposals were opened this afternoon at
the Comm ssioners' Office for paving alleys
In Anacostia. The bidders were n. L. Wei
Ter, 10 3-4 cents per square yard; Darius
Gaskfns, 25 cents per square yard, and
Cudmore & Frawley, 231s cents per square
yard.
Bids were also opened today for erecting
a frame building on reservation 13. in con-
nection with the disinfecting plant. The
bidders were Pavarini G. Greer. So, 1886; CO.
lumbus Thomas & Son, s6.607; Thos. e.
Cabell, Sc, $50; ]. J. Quinn, $S.60O, D. F.
Mockabee, $7.69S; James NJ. Dunn. $685.
and Peter Mccartney, 81, 700. The appro-
the available appropriation, for that is the
amount of money on hand. AS all the bids
received exceeded the appropriation. 1t is
believed the award of contract will not be
made. 1t is possible the plans will be
Oo omewhat altered to allow of cut in fig
GreS.
Liquor Licenses.
The excise board today granted retail
licenses to Frank P. Daley, Coz I'd street
northwest; w. H Schleuter, $50 5th street
northwest, and refused wholesale license
to Patrick Mahon, 162S 11th street north
west.
Claims for Extra Services.
Attorney Glasscock, representing a num-
ber of ex-physcans to the poor, appear
ed before the Commissioners this morning
to urge thu favorable Recommendation by
the Commissioners of a bill for extra sery-
ices during the smallpox epidemic.
The South Washington Crcmatory.
Mr.. Henry Storey, secretary of the exec
utive committee of the South Washington
Citizens Association, has addressed a let
ter to the Commissioners of the District
in which he says:
81 most reSpectfullv coll your ,tto,+;on
to statements in the public press wherein
you are quoted as saying that the Brown
crematcry at the foot of South Capitol
street Is entirely satisfactory to the people
OF this section I beg leave to say on be-
half of the South Washington Citizens
Association anu people of South Washing
| ton that this crematory is not, and will
not be, satisfactory to them, and that they
| repeat their protests against its use and
| the daily procession of garbage carts con-
veying the garbage of all other sections of
| the city and suburbs into our section. We
| protest because this crematory in itself is
obnoxious, and if operated Will prove itself
an odorous nuisance, because the aggrega-
| ton of foul-smelling carts and wagons is
| q nuisance and an imposition; because our
! health and comfort are menaced; because
our property values are destroyed and the
prosperity OF our section bhghted by the
! natural prejudice against such institutions
| and their surroundings, and because We,
Notwithstanding our protests, have been
singled out to bear the burden of this ex-
| pertinent for the whole District, while the
| protests Of other sections with no greater
| claims to consideration than ours have
! been recognized and the locations of other
crematories abandoned. We protest, and
| shall continue to protest, against this in
| justice and imposition, and snail invoke the
| interpOsition of Congress and the courts
| to afford us reEef.'
On the Mounted Force.
| Private George Knupfer of the metropoli-
| tan police force has been made a mounted
officer. vice w. J. Kenney relieved.
| The Girls Reform School.
The Commissioners today approved the
| appointments of the board of trustees OF
| the Girls Reform School, which made Mrs.
| Mary Stadtler superintendent and John J.
Sheaffer OverSeer.
To Inspect Gas Meters,
Thomas A. Ritchie has been appointed,
for not exceeding thirty days, to assist in
| the inspection of gas meters.
| The Drawback Bill.
The Commissioners today returned Senate
| bill 1915 to redeem outstanding drawback
| certificates issued by the board of audit and
| the board of public works, without recon-
| mendation. They inclose a copy of the re-
| pert of the auditor upon the proposition,
| which has heretofore been printed in The
Star.
The Enrich Case.
| The postpoEed hearing in the case OF
| Enrich Brothers, charged with selling
liquor on Sunday. came up before the ex-
else board this morning. The hearing was
postponed for the purpose of getting the
| witness, Fitzgerald to testify. This is
the man who was persuaded to leave the
city when the case was tried in the Police
| Court.
When the hearing was set for consdera-
ton pending the issuance of liquor license
the excise board requested the Ieutenan,
to bring the witness before the board
| When the hearing was called this morning
| the witness was absent. Lieutenant Kel.
ly said it was his belief that he had "been
! seen."
Lawyer Johnston argued that it was un.
| fair to suppose that the witness had been
tampered with 1t was not the duty OF
the defendant to hunt up and bring the
| witness before the board. He had no con.
troll over him, and no power to compel his
| attendance.
Chairman Johnson Of the excise board
said the board did rot charge Enrich with
| having violated the law. They wanted tc
gee and nVeatfOn t1,fs man EitZpera1d