Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-22
QUESTIONS DECIDED
Attorney for District Renders a
Number Of Opinions.
ACT AUTHORIZING REAOSESSMENTS
Recommends Adversely Concern
ing Applications for Permits.
REFORM SCHOOL HALL
REFORM SCHOOL HALL

The attorney for Ithe District, Mr.. An
drew B. Duvall. has submitted to the Com
missioners a number of opinions on ques-
tons referred to him by them. Referring
to his communication suggesting the re-
assessment of certain general taxes against
thirty-two acres of land improperly assess
ed in the name of T. and B. Naylor, the at
torney states that he has received a COM
munication from the assessor showing that
the taxes were paid after decree of the
court canceling general taxes from 1871 to
1893. In his letter the assessor calls at
tention to the act authorizing reassess-
ments for improvements and general taxes
approved April "a, 1896. as affording a bet
ter remedy in such cases than section ID
of the act of March 3, 1888. The attorney
says he agrees with the assessor in the
matter. Touching the latter's official in
quiry as to whether in case of such reas-
sessment notice is required by publica-
ton or by special notice to the owner" the
attorney says the act of Congress is silent
upon this subject. But inasmuch as the
best notice is actual notice, he advises
the assessor to serve personally upon the
owner of the land against which general
taxes are to be assessed a written notice
of his intention, within ten days after serv-
ASS VI SuSH " ItdSSeSS tne taxes
Record of birth.
In the case of citizen who applied for
a transcript of the record of his childs
birth from the health department, the at
tending physician, now dead. having failed
to make return of the birth, and the at
tending nurse having signed a report, the
attorney says that while the report was
not made by a physician, accoucher or
midwife, who are authorized by law to
make return. the facts in the case may,
however. Justify the nurse in signing the
report as the person in charge" In that
event the report could he says, be receiv
ed by the health department, and a tran
script of the record could then be fur
nished the father.
Question of Permit.
The application of the United States Elec-
trio Lighting Company for a permit to re-
place two overhead arc light wires running
from a pole on the southeast corner of 10Th
street and Pennsylvania avenue to the
Treasury Department, with two wires run
ming from the pole at 18th and f to the
Treasury Department should. in the opin-
ion of the attorney, be denied, because, as
he holds, the Commissioners are without
authority to grant the application. in view
of the provisions of the District appropria-
ton act for the fiscal year ending June 80,
1889
The desired change of the wires is said
moval of the overhead wires on 10Th street,
the Treasury Department officials refusing
to allow the company to run the wires
the outside of the Treasury Department
building. AS the lights on these wires are
entirely outside the walls of the building.
it is said to be impracticable to carry the
circuit to the interior and then out again
to the lamps. While the proposed change
may be very desirable one, Mr.. Duvall
says since it involves the erection and
maintenance of additional wires over one
of the streets of the city. he is of the opin-
ion that the Commissioners are without au-
thority to grant the permit therefor, in
view of this provision of the appropriation
act mentioned: That the Commissioners of
the District of Columbia shall not, after the
10Th day of September, 1885, permit or au-
thorize any additional telegraph telephone.
electric lighting or other wires to be erect
ed or maintained on or over any of the
streets or avenues of the city of Wash
ington.'
Without Authority.
The attorney also states that he is of the
opinion that the Commissioners are with
out authority to grant permit to the
American Development Company to run a
pipe across Patterson street at the corner
of list street northeast for the purpose of
conveying naphtha into it's storage tank
1t was stated in the company'S application
that this street ''is not public thorough
fare at present, on account of railroad
tracks crossing the same" While the pres
ence of the railroad tracks at the point
mentioned may interfere with the free use
of the street, the attorney, nevertheless
says Patterson street is one of the public
streets of the city, and section do of the
Revised Statutes Of the United States re-
lating to the District, he states pro. ibits
the occupancy of any open space public
reservation or other public ground in the
city, and of any portion of the public
streets or avenues in the city, by any pri-
Vate person or for any private purpose
whatever.
Site for Proposed Hall.
Referring to the question of whether the
trustees of the Boys Reform School can
select a site for an assembly hall for the
school in such a way that the cost of con-
structon will exceed the amount of the ap-
preparation for building of the seating ca
pacity required, the attorney states that
the matters involved are largely within the
control of the accounting officers of the
Treasury Department. 1t appears that the
trustees of the school desire to build a
structure in part with funds at their dis
posal, the superstructure, so much of it
as can be taken care of by the appropria-
ton definitely made for the building to be
constructed under the supervision of the
District Engineer Commissioner.
Congress has appropriated the sum of
50, 40 for the construction of the assembly
hall. including plumbing. heating and light
ing fixtures, and has provided that the to-
tai cost thereof shall not exceed, when COM
pleted, the amount appropriated. The at
torney says he is of the opinion that if to
the satisfaction of the accounting officers
of the treasury the trustees of the school
can secure the foundation for the hall out
of other funds at their disposal the Com
missioners may lawfully expend for the su-
perStructure the amount of the aDpronria-