Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-26

not within the purview OF chapter IL.
ut seems to me that all the acts of Con-
| gress authorizing these street extension
cases should have embodied the sections
| of the highway act relating to the mode
of procedure, especially In the matter of
| the assessment of benefits the Supreme
| Ross 187 U. s. 54s) having decided, after
| full consideration, that these provisions
were constitutional and sufficient.
But one District case, that of Humphrey
agt. District was decided during the year
| in the United States Supreme Court
Change Discussed.
During the year PIT lunacy proceedings
were instituted by or in behalf of the Dis
| trict Commissioners. and Attorney Duvall.
referring to the act of Congress of January
| 81, $780, to change the proceedings for adj
| mission to the Government Hospital for
the Insane in the District, says:
'Theretofore INDECENT insane persons In
| the District had been committed to the
hospital upon the finding OF jury that
| they we're Of unsound mind. The expense
| of the proceeding had been reduced to
minimum by a provision in the appropria-
| ton bill for 1899. which authorized the
marshal to impanel jury in attendance
upon one of the criminal courts in eXecut-
| ing writs de lunatco, and as a result there
was no considerable delay. For this SIM
| pie and inexpensive process Congress sub
| stituted a law of more than doubtful con-
| stitutionality, because it. in terms, denies
| to the alleged lunatic the right of trial by
| jury. and commits the question of in
sanity to the determination of a justice of
the Supreme Court of the District of CO.
| lumbia. holding a special term for Orphans
Court business The proceeding prescribed
| In the act is cumbrous and expensive; after
| a petition, signed and sworn to by some
responsible resident of the District, Is al
| lowed by the order of the court to be filed,
| copy of the petition is served on the al
legged lunat,c and on the Commissioners;
the court then appoints two more Dny
| sicians. not connected with any hospital for
| the insane, to examine the alleged lunatic
and testify as to his mental condition: each
physician is paid a per diem compensation
| of $40 by the District in addition to the
other costs and expenses.
Under the previous system the Commits
sioners presented their petition to the
court and a writ de lunatco was ordered
| to issue. At present, in all cases. including
alleged lunatics of homicidal violent
| tendencies. the Commissioners are under
| the necessity of procuring some responsible
resident to file the petition for them, and
| they are then served with a copy of the
petition in case practically instituted by
| themselves. I see no reason why this law
should not be at once repealed and the
former course of procedure reinstated."
Justice Cox's Code of Lava.
Reference is made in his report by Mr..
Duvall to the code Of laws prepared by
Justice Walter 8. Cox, until recently
| member of the District Supreme Court.
Justice Cox having undertaken the work
at the joint invitation of the District Bar
| Association and the board of trade. The
code consists of two parts: Part one re-
lates to general law and procedure; part
two, relates to the municipal government
of the District, and Is confined almost
entirely to the mere compilation of ex-
listing laws
1T was deemed desirable" explains Mr..
Duvall, Ito present the code to Congress
before its adjournment. Part one was
passed upon by the Bar Association COM
mittee. and was forwarded to Congress.
Part two, the municipal code, passed I'M
der the scrutiny and criticism of the office
OF the attorney of the District of Columbia,
but the Bar Association committee found
it impracticable to give sufficient time to
its due consideration, and it still remains
Enacted upon. This proposed code while
it embraces the acts of the late legislative
| assembly, does not cover the ordinances
of the late corporations of the cities of
Washington and Georgetown of the
levy court of the county. The ordinances
of the city of Washington are contained in
Webb's Digest, a volume of $50 pages; so
| many of these ordinances have been re-
pealed or substantially modified that
Webb's Digest is rendered valueless. The
| ordinances of the late corporation of
GEORGETOWN and of the levy court are In
print. but this office has no copy of either.
Abert's Compiled statutes In force in the
District brings up the acts of the late leg
| islative assembly, but does not deal with
municipal code should at least embrace
| all of these laws and ordinances; so that it,.
together with the volumes containing 'po-'
lice health and other regulations made
by the Commissioners under authority of
Congress, would present the entire body OF
our municipal law. Anything short of this
will leave the matter in very unsat1sfac-
| tory condition.
Recommendations Renewed.
| Mr. DuvaI renews the recommendations
| for legislation contained in the last annual
report of the attorney, namely, respecting
| the wasting of Potomac water life nsur-
ance on the assessment plan, the fees of
| the clerk of the Supreme Court of the Dis
| trict of Columbia, the inspection of lum-
| Der, the remission of fines and granting
pardons, and restricting alien ownership Of
| lands in the District.
| In conclusion, he deems it his duty to call
attention to the altogether inadequate pro-
vision made for the office of the attorney
| for the District of Columbia, stating that
| by reason of the fact that for six years
| while he was assistant attorney he had
ample opportunity for observation.
| He details at length the many and exact
| ing duties required to be performed by him
and his assistants, stating that in 1879 the
| appropriation for the support and mainte-
nance of the office was $S,o12, while the
current District appropriation act increased
| that allowance to but $4,000. Meantime,
| between 1879 and 1899. he points out, the
| population of the District has very greatly
increased, and the volume of the office bus
mess and court litigation has been aug
mented at least threefold. The working
| force of each department of the municipal
government, within these last two decades,
has been largely increased, while the APP
preparation for the efficient discharge of
the important duties of the law department
has been advanced less than one thousand
dollars.
Recommendations Made.
After reviewing the allowances granted
such an officer and office in other large
cities and after referring to the great
amount required by the street extension
cases, for the conduct Of which addi-
tional funds were provided by Congress,
Mr. Duvall says his office Is not even pro-
vded with a stenographer. He asks for
such an assistant. and says there also
should be a first assistant attorney. as is
provided by the ordinance of the city of
Pittsburg, who should have charge Of all
legal proceedings and all litigation relating
to condemnations for streets alleys. sewers,
&c, and the assessments in connection
Herewith, as we'll matters of litigation
- Aat.N,n i,vx