The times., 1898-11-27
HEALTH REPORT REVISED.
That Portion Criticising the
Police Court Expunged.
JUDGE KIMBALL OBJECTED
Said the Reference to the Practice
in the Court Was Unwurrantcd-
Courtesy" Changed the Document
Car Tracks on Aquedaet Bridge.

The annual report of Health Officer
Woodward for the fiscal year ended June
30. 1898. when officially published, VIII be a
revised edition. and a consequent balm
TO the erstwhile injured feelings of Judge
Ivory G. Kimball. one of the jurists who
preside over the tumbledown structure at
the corner of Sixth and ID Streets which
serves the capital of the nation as po-
lice court.
The controversy over the report between
the judge and the District Commissioners
was settled yesterday, and the former was
notified that DR.. Woodward had consent
ed, ',as matter of courtesy" TO elimi-
nate from the document that portion to
which exception was taken.
This was n statement of DR.. Woodward
which called attention to a notorious con-
dltion of affairs which had existed for a
number of years as a Police Court prac-
tice and has considerably hampered the
carrying out of health Office regulations
1t is clearly explained in the statement
Of DR.. Woodward, which follows:
The health department is seriously hampered
OF any general law authorizing the abatement Of
nuisances on the property Of non-residents, and
the -sessmcnt of the cost against the property;
md, second. by failure 10 receive proper support
from the Police Court In the absence of any
law authorizing the abatement of nuisanees as
suggested, notices requiring their abatement
LETT, when the owner cannot be found, at the
once OF the agent, but agent notified has
a good legal defense IL ne show that his
authority from his principal does not permit him
10 act; and If no agent can be found the health
department Is in many pOwerless. The
barrassment arising from the action of the Police
Court results from the continuance of cases by
the court for the purpose of allowing time for the
abatement of the nuisance for the maintenance
ot which prosecution has been instituted, and in
the event OF such abatement, even after the COM
mencemeut Of the trial and possibly weeks after
the expiration of the time allowed by the health
ntcer. The rendering by the court OF a judgment
Of mot guilty. Such procedure not only tends
10 encourage ihe maintenance Of nuisances. Tor
which the health department i held responsible,
but also results in the presentation 10 the court
Of many eases in which the defendant would
probably have ahated the nuisance in the com
pli2nce with the notice originally served.
he not morally certain from the experience Of
his neighhors that the court would impose no
penalty for his failure 10 do so.
Judge Kimban, however, failed to see
the matter in that light. and was imme-
diately seized with the idea that the crit
iclsm was ''unwarranted and uncalled
for" He did not question the veracity
of the health officers allegation. but. in
a letter which he wrote to the Board of
Commissioners on October g. he said:
The judges Of the Police Court are not
subordinate to the health officer, and he
has no more right to call their action into
question in an official report than he has
that OF any of the other judges IL the
District. The judges OF the Police Court
are sworn officers. and are doing their
duty under their oaths, and In their de-
what they believed the law and the facts
in the cases heard required l respect
fully request that the part of the health
officers report rejecting on the Police
Court be expunged."
The reply to this letter was delayed
until yesterday. owing to the Illness of
Mr.. Ross. MIR. Wight decided, however.
that he would relieve the anxiety Of
Judge Kimball, and he wrote TO him, in
part, as follows:
Il have conferred with the health Off
Ger regarding that portion of his report
TO which you objected He is of the
opinion. as he states in a letter to the
Commissioners, and ] think the Commits
sfoners agree with him, that in making
his report to them he has a right 10
speak of those things that are of assist
ance to him in the performance of his
duties as well as those things which him
der him.
He states emphatically that he had no
desire or intention TO be dscourteous to
either yourself or Judge Scott, or to cast
any improper reflection on the cJuit.
While he does not admit that the Judge
of the court has the right TO revise his re-
port he is entirely willing, as a matter
of courtesy. to revise it. and has done so,
so that it now reads: The health de-
partment is seriously hampered in its
work in two ways. The second by
certain practices of the Police Court" "