Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-11-26
JUDGE AND HEALTH OFFICER
Controversy Concerning Alleged Reflections
Upon the Police Court.
Judge kimbaIl Protests Against DIR.
Report-Langnage Modified.

The controversy between Judge Kimball
" the Police Court and DIR. VIM. c. Wood
ward tie health officer. growing out of an
alleged reflection by DR.. Woodward III his
last annual rerort upon the judges of the
Police Court. is believed TO have been closed
today by letter to Judge Kimbar from
the District Commits sioners
In his annual report. covering the opera
tons of MS department during the year
ended June 80. 1898. DR.. Woodward said:
The health department is seriously
Eampered in its work in two ways: First,
by the absence of any general law authoriz-
ing the abatement of nuisances on the prop
erty Of non-residents. and the assessment of
the cost against The property: and second
by failure to receive proper support from.
the Police Court. In the absence of any
as suggested notices requiring their abate-
ment left, wnen the owner cannot be
found. at the office of the agent. but an
agent 50 notified has good legal defense IL
he can show that his authority from his
principal does not permit him 10 act: and IL
no agent can be found the health depart
ment is in many cases powerles5- The en-
bdrrassment arising from the action of the
Police Court results from the continuance of
cases by the court for the purpose of allow
ing time for the abatement of the nuisance
for the maintenance of which prosecution
mas been instituted. and in the event of
such abatement. even after the commence
ment Of the trial and possibly weeks after
the expiration OF the time allowed by the
health officer. the rendering by the court of
a judgment Of not gully Such procedure
not only tends to cncouraga the maint nance
of nuiSanCes, for which he health depart
rnent is held responsible. but also results
in the presentation to the court of many
cases in which the defendant would prob
ably have abated the nuisance in compl-
ance with the notice originally served. were
he not morally certain from the expert
of his nPigbfQrS that thp would
impose no penalty for his failure to do So
Judges Protest.
The language used by the health officer
in referring TO the Police Court called forth
from Judge Kimball written protest, his
letter. dated the I'D OF last month, being
"a follows:
Il desire estly and vigorously to pro-
test against the upwarranted and uncalled-
for criticism of the Police Court made In an
official report of one of your suboriinates
the health officer. to the Commissioners,
> which is published in today's Star. The
judges of the Police Court are not subordl-
mates to the health officer and he has no
more right to call their action into ques-
ton In an official report than he has that
OF any OF the other judges In the District.
The judges OF the Police Court are sworn
officers. and are doing their duty under
their oaths and in their decisions IN the
cases referred to have done what they
have believed the law and the facts IN the
cases heard required. I respectfully request
that the part Of the health officers report
rejecting on the Police Court be expunged."
Reply of the Com IN issioners.
To the communication of Judge KImball
n reply was made today by Commissioned
Wight on behalf of the board OF Commits
s.onerB:
II was in part follows:
My further reply TO your communication
of October % has been delayed this long
not because of any neglect. but because
of the continued illness of Mr. Ross. with
whom l desired To confer regarding the
matter.
1T appearing. however. that Mr. Ross
will not be able to resume his official duties