Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-10-28

That FLAG AGAIN In reply to d..
vl.l- communication addressed to
v,yo- simpson concerning the recent
,tneysl Of f4g from the house OF Mr.,
Tc. Downcy, in The southwestern
.aDarbs the Mayor today sent DR.. Mil
ertae following
Df J. 7. Miller, Health Officer:
Dear sif:-Your favor of the 9th
int, calling attention TO the disap'
9e.ance Of tie Aag from the premises
Of NJ. Tnos. D0wney, TO hand. Owing
70 the iul4med condition OF one Of my
svt: | nave been unable to give your
Communication the prompt attention
il. importance merits. | am obliged
nyOu Tor mentioning the 18Th section
q Gu. city code as being the one APP
d. ale 70 the odense Of taking down
al :, a. au explanation of this section
,1cqeiingly plain. The section in
qas,aon does not particularly treat of
soy oilaase save that OF u householder
rela.irg 10 cau-e llle to be displayed
8. bis front door. The section does net
lul,ose q line Tor removing Dag, bit
itdo5, impose q fac upon the beads ot
iiuI g. ~ho refuse 20 cause flag to
teesplayed at their front doors, aad
ugO4 The cortiuusuce OF this refusal az
sy-g Gay tine is imposed upon said
hess Of families; but there lie nothing
ilt5e section that imposes this duty of
l..cag lag, at front doors upon any
eZceg heads Of ian-iiies, and if any one
els does assume this power without
Fq0-, from the heads Of families he
Ecvlrly committing an unlawful act.
Therefore ,1e question that confronts
u slhi Did lnos Dowuty refuse TO
have Fl - displayed and did he re-
gus you to provide q flag for him ?
!. Taos D5wney refused TO cause d
Aa9 10 De displayed at his front door,
ilrn Ino= Dowuey should have baen
oDlsa. before me 10 show cause why
he should not he fined under the 18Th
section, provided, OF course, that small
Poz existed IN his house. You will
lo'ice nat fine penalty is only im-
Posed under the law mentioned by you,
saa You SIZE not empowered under that
~, =. 10 cause flag to be put against
NJ. D0wney's house without laying
Yourself Liable for trespass. Now if 8
ai' or any thing else that violates the
lesaI rights of Mr.. Dowuey should be
siitd 10 his house wi bout his per
MISSION, lie has an undoubted power to
'tmoye such heterogeneous, and the
~, ma0Ie natter at issue between you and
NJ D)%aey resolves itself irto the
QUESTION as to whether Mr.. Downey
AAle 4 cortect statement when he
wore that no one asked him to cause 9
4is TO be displayed at his front door
1 4r. powney's oath is uncontrovert.
81 Ne has been guilty of no unlawful
W. on the contrary, the unlawful act
was commiued by the party mailing the
4'S on Mr. Downey's front door with
Jul INST securing permission. If, how
ever, II can be proven that smallpox il
IN Mr.. Downey's house, theu Mr.
D1wney should be notified to cause
7 ~, 10 be placed at his front doo-
LUIS opinion carries with it en- obliters
sou OF everything that has been pre-
liously done on the premises and com
paints must be based upon that whict
s&'si now, as Mr.. Downey's sworI
statement demonstrates conclusivel.
wa: y: the aw appertaiping to the p!ac
luS Of a iiag a the front door was no
eaFrled out in his case. l regret yer.
alan these discussions, but the impair
s'a and independent magistrate doe
MOI allow his feelings to sway him II
.aese matters. 1t is possible to deR
Ou' even handed justice to ell and t
zee ina. The rights of rich and poor ar
A'iSe protected. Respectfully,
1EO T. SIMPSON MayOr.