Evening star., 1898-09-22
Attorney Thomas Files Annual Re-
port of His Office.
CASES TRIED AND ON DOCKET
Recommendations Made for Amend
ments to Existing Law.
WORK OF POLICE COURT

with the commissioners today The report
is an unusually voluminous one, giving in
detail the operations of the attorneys S
Office. 1t shows that there is but one Dis
trict case now pending in tn United States
Supreme Court, five in the District Court
of Appeals and ffty-two cases against the
District on the law side of the District ST.
preme Court, twenty-eight of these arising
out of the results of the flood in the city in
1889. During the year twenty-five cases
aginst the District, in the District Supreme
Court, We're tried or otherwise disposed of,
and nineteen new actions instituted.
The report is as follows:
Number of Opinions.
There were $50 official opinions given the
Commissioners during the year, being an
increase of thirteen over the previous year.
During the year of this report twenty-five
cases against the District in the Supreme
Court of the District of Columbia, were
tried, or otherwise disposed Of
There were nineteen new actions brought
against the District during the year under
consideration, one beirg in trespass for al
legged injuries to real property and eighteen
were to recover damages for personal iniu-
ries received because of alleged defect in
the streets and sidewalks of the city.
There were brought during the year
tN enty-fiva .uits ill equity against the Dis
trict for the cancellation of arrears OF gen
eral taxes, where tax deeds had been de-
ivered. and relief was sought under the
decision of the Supreme Court of the Dis
triCt in Brewers case % Mackey 27A that
a tax deed made in pursuance of sale
for the unpaid taxes of a certain year
passes the property to the purchaser dis
charged of the lien of all taxes remaining
Cue and unpaid at the time of the sale.
This annual loss in the revenues OF the
District viii cease in April, 1899, Congress
by act approved February 2S. 1898, in re-
lation to taxes and tax sales. having en-
acted that no tax deed shall be issued un-
til all assessments. taxes, costs and
ctarges due the District, of whatever ma
ture, shall have been paid in full
There We're seven suits in equity for in
junction brought against the Commission
erS fo- relief.
The Commissioners brought one suit for
a mandatory Injunction (Ross ct al. agt.
McBride} to compel the removal of a fruit
stand from the public street at the en-
trance of the Geological Park. The court
granted the injunction. and the defendant
appealed to the Court of Appeals.
Amendment Suggested.
There were ia cases in certiorari to
quash assessments for special improve
nents. OF these only four We're brought
to guash reassessn- -ents. In this conncc-
tion l would suggest that the act of Con-
gress of April "a, 1896. authorizing reas-
sessments in certain cases perhaps needs
amendment. That act provides for raas-
sessment in ell cases where general taxes
or assessments for local Improvements
may be lJashed by the court by reason of
an imperfect or erroneous description of
the lot. or because the tax or assessment
has not been authenticated by the proper
officer or of a defective return of service
OF notice. "or for any technical reason
other than the right Of the public authori-
ties TO levy the tax or make the improve
ment in respect of which the assessment
I,,- -in.l
Cole of the Supreme Court of the District
of Columbia, in the case of Wise ag:. the
Distric, Of Columbia, and also in RTyans
case. which were proceedings to quash re-
assessments on the ground that there was
no preliminary notice, or defective pre-
liminary notice, of intention TO make the
improvement in respect Of which the orig
iraI assessment was imposed, has held
that the reassessnent act did not contem-
plate the case of the want of such pre-
Hminary notice or Of a defect in such no.
tice: that the want of a sufficient prelimi-
nay notice by the Commissioners of inten-
ton TO make an Improvement was jurisdic-
tional. and that the phrase ''or for any
technical reason other than the right of
the public authorities to levy the tax or
make the Improvement" contained in the
reassessment act. did not contemplate
such a defect, which was one Of substance
l should have taken the opinion of the
Court Of Appeals On trese cases, but they
" ere otherwise so defective that I con-
cluded not to do SO.
Power of Compromise.
Several instances have again come under
my observation where District revenues
have been lost because of the want of
power in the Commissioners to compromise
tax cases. There would be no loss to the
District if the Commissioners had power in
these matters to compromise, since the
statute authorizing reassessments provides
for interest only from the date of the re-
assessment
There were seven applications for the
writ of mandamus. OF this number five
We're against the excise board to compel
the grant of retail liquor licenses, and in
each case a mandamus was refused. The
other two were against the Commissioners
to compel the issuance of building permits
There We're eight cases brought against
the District before justices o. the peace
during the year. The District of Columbia
brought an action before a justice of the
peace against the Washington Gas Light
Company to recover the statutory penalty
for inferior gas, but at the request of the
Commissioners the case was continued, and
the gas light company given an opportuni-
ty 10 explain.
There We're l1S tax deeds prepared during
the year of this report.
There were 2G0 lunacy proceedings during
the year, being an increase of 121 over the
previous year. OF this number 191 We're
tried by jury. ten cases were continued,
lunatiCs in five cases the alleged lunatics
were found not to be insane, and fifty-two
cases are awaiting trial. There were also
twenty insane persons committed to the
Government Hospital for the Insane on the
certificate of the Commissioners. under sec
tions 1916 and 4SJ0 of the Revised Statutes
Of the United States. The expenses in
these cases will be materially decreased by
a provision in the deficiency bill approved
July = 1898. which declares that thereafter
the marshal shall impan9l the jurors in at
tendance on the Criminal Courts, and the
Police Court, in all proceedings in lunacy
instituted by the Commi Ssioners.
There were during the year six proceed
ings to condemn private property for public
use.
There were III Northern Liberty market
claims against the District examined, and
the testimony closed before the auditor of
the Supreme Court of the District during
the year in question. Very many sittings
were had in these cases for the purpose of
taking testimony. The sessions occurring
twice a week. and lasting often all day.
have added very materially to the labors
of this office.
1t is gratifying to note that Con-
gress adopted the recommendation con-
tanned in my last report that Jurisdiction
be conferred the Police Court to issue
writs of feri facias on forfeited recogni-
zances. BY act of March 3. 1898 Congress
conferred upon the Police Court power to