Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-15
DISTRICTS law SIDE
- = II re y
The Annual Report Of Attorney s. T.
-, III
Thomas. i
RPlFQME OF OFFICE TRANSACTIONS
IL
p--
Suggestions Made for Amendments
Of the Laws.
B q SIN ESS OLA YEAR

Inc annual report Of S. 7. Thomas. at
torney for the District, was presented to the
Commissioners today. He says:
There were 467 advisory opinions given
during the year, being an increase of thir-
ty-eight over the previous year.
There are but three District cases pond
ing in the Supreme Court of the Cnitel
States" the attorney says. and these he
names as the Washington Market Company
against the District, involving the claim Of
the company to the possession and occu-
pancy Of the hay market square; Parsons
against District, an action to quash a water
main assessment TO; laying main in Mill
tary road. and District against Bailey, an
action on an alleged award. 1t is expected
that the first two of these cases will be dis
posed Of at the next term of the court
1.-The Supreme Court of the United States
during the year under consideration con-
strued the act of Congress, approved March
z, 1893, entitled An act to provide for a
permanent system of highways in that part
of the District of Columbia lying outside of
cities, ana reversed the Court of Appeals of
the District holding the entire act consti-
tutionaL" The attorney then recites the
course of subsequent proceedings under the
act.
There are two District cases pending in
the Court of Appeals. These are: District
against Krause, involving the question
whether title by adverse possession can be
acquired by private individuals to part of
the public highway known as Brightwood
avenue; and District against Sullivan, an
action to recover damages for personal in
jur:es, in which there was verdict of $3.50.
Power of Comm issi0ners.
During the year under consideration
the Court of Appeals handed down several
important opinions in District cases. In
Baltimore and Ohio Railroad Company agt.
District (25 Wash. Law Rep, 1iSa, involving
police regulation requiring the locomotives
and cars of steam railroads in the District
OF Columbia to come to full stop before
crossing rapid-transit street car railways,
tie Court Of Appeals, in sustaining the
validity of the regulation, speaking by Mt.
Justice Shepherd, said:
1--WE are clearly of opinion, however,
that the power to regulate the movements
of railway locomotives and trains was con-
fer.ed upon the Commissioners by the
joint resolution of Congress. approved Feb
ruary 26, 1892, which reads as follows:
That the Commissioners OF the District of
Columbia are hereby authorized and en-
powered to make and enforce all such rea-
sonahle and usual police regulations in adj
dition to those already made under the act
of January 26, 1887. as they may deem
necessary for the protection of lives and
limbs. health. comfort asd quiet of all per-
sons. AMI the protection of all property
within the District of Columbia"
The contention on behalf of the appel
lants that this resolution eopfers no new
powers not authorized by the former act
OF January 26 1887, comforting upon the
Commissioners power to make such police
regulation, and must be limited by con-
struction to such ether and further regula-
lions only as may be of the class enumer-
ated therein, Is without foundation
An Important Opinion.
THE opinion in this case is very import
ant as affecting the power Of the Commits
sioners to make police regulations. It over
ruled the decision Of the general term of
the Supreme Court of the District of CO.
lumbia, in re Sullivan (21 D. c., 1881,
wherein it was held that the reference in
ne Joint resolution OF Congress approved
FEBRUARY 26. 1892, to the act Of Congress
Of January &C. 1857, authorizing the Com
missiopers to make certain police regula-
tons. limited the additional regulations un-
der the joint resolution of the classes of
regulations provided for by said act. In
other words, the Court of Appeals held
that the Commissioners, in making police
regulations under the joint resolution of
1917, were not confined to the classes of
regulations provided for IN the act of 1887,
the protection of lives. limbs, health, COM
Tort and quiet Of all persons.
There We're at the beginning of the year
eighty-two cases against the District upon
euO oAdt CdleiudT Oh the supreme Court
of the District, Of which thirty-two were
OF tie class known as flood cases. grow
ing out OF the overflow of the Tiber sewer
curing the rainy season Of 1889; and seven
cases on the appeal docket Of the Supreme
Court of the District, three of them cases
in certiorari to the Police Court to remove
prosecutions Instituted there against engi-
neers of the Baltimore and Ohio Railroad
Company for fast running Of trains in vio-
lation OF police regulation in reference
movement In lfo
streets. made by the Commissioners under
the act OF Congress approved January Is,
1887.
Cases Discontinued.
These cases were discontinued after the
decision of the Court Of Appeals in the
case OF the Baltimore and Ohio railroad
against District. above referred to. wherein
IT was held that railroad locomotives and
cars did not come within the meaning Of
the word vehicles as used in the fourth
clause of section 10 Of the act of 1887.
There were brought during the year I'M
der consideration ten suits in equity against
the District for injunction about various
matters connected with the administration
Of municipal affairs.
Arrears of Taxes.
Il beg to suggest the Importance of urg-
ing upon Congress at its approaching ses-
sion to enact a law requiring that all ar
rears OF taxes shall be paid before tax
deeds are issued. Under existing law, as
construed by the Supreme Court of the
District of Columbia brewer VS.. District
Mackey. 374). tax deed passes the prop
erty to the purchaser free Of the Zen Of
all taxes due at the time of the tax sale
In respect Of which the tax deed was is
sued. and which might have been included
in its sale. The collector of taxes Is power
less to prevent the great loss of revenue
resulting from the rule in Brewers case,
since the act of Congress of March 3, 1877,
In regard to the assessment and collection
of taxes provides that, whenever property
is put up at tax sale and does not bring
the amount of the tax and costs 1t shall be
bid in by its collectors In the name of the
District. and an act of%Congress Of March
0. 1880. declares that property once offered
for sale, and bid in by the District, shall
not be again advertised foro the same tax
There were Ave proceedings for the con-
domination OF land for public purposes dur
ing the year. %
I'm addition to the efghty-two cases on
the calendar of the Supreme Court Of the
District at the beginning Of the year. there
were fourteen new cases brought during
the year to recover damages. generally for
personal injuries. There were also pend
Ing and upon the trial calendar in the SUI
preme Court Of the District, in addition
to the above, SIX ANIMAL Cfaaea from f,,e-