The times., 1899-09-27
DUVALL'S REPORT FILED.
The Attorney for the District Re-
views the Work of His Office.
The Street Extension Gases - Suits
Tnx on Their Stocks-The Lunacy
Law Pronounced Faulty and Cum
bersomc and Its Repeal Desired.

AHuTeW ID. DuVaH, Attorney Tor the DIS
.rlot. submitted his report of the business
of his office for the year ending June 90,
1S99 to the District Commissioners yes
terday afternoon:
During eleven months Of the period COW
cred by this report, ,, says Mr.. Duvall, 1.-The
business of the Office was under the direc
ton of Mr. S. T. Thomas. who for six years
had been the efficient Attorney for the Dis
trict of Columbia; on March 13, 1899, his
resignation was accepted TO take effect
May 81, 1899, and the undersigned was ap
pointed Attorney for the District
During the year there were $40 advisory
opinions by the Attorney at the request of
the Commissioners, sixteen of which were
delivered during the month of June. Many
OF the question referred to the Attorney for
opinion were novel and intricate in their
character, frequently involving consider
able labor and research.
During the fiscal year, "a cases were
tried or otherwise disposed of in the Su
prerne Court of the District of Columbia
summary of the various cases is then
given. The most important decisions cited
are the street extension cases which were
filed in the Supreme Court by the Commits
sioners under several acts Of Congress and
included the widening of Nineteenth Street;
extension of Rhode Island Avenue, the ex-
tension of Twentieth Street, the extension
of Howard Avenue, the opening OF S,
Twenty-second and Decatur Streets, the
extension of Pennsylvania Avenue south
east. the extension of Stoughton Street. the
extension Of lexington Place, the extension
of Fifth Street, the extension of Sherman
Avenue, the extension of Eleventh Street,
and the extension of New Hampshire Ave
nue..
The Street Extension Cases.
In commenting on the judgments in the
various cases Mr.. Duvall says: 1T is to be
very much regretted that the proceedings
in these several street extension cases, in
yolving very large expenditure of the rev.
enues of the District, were directed 10 be
taken under chapter II of the Revised
Statutes, relating TO the District of Co.
lumbia, the provisions of which are so
meagre and inappropriate to the double
purpose of ascertaining damages and ASSES
sing benefits, that / apprehend there
will be serious difficulty in collecting the
assessments for benefits, which, under each
OF the several acts of Congress. are pay
able in five equal instaliments'' with in
terest at the rate of per cent per annum
until paid. While all these acts of Con-
gress provide that the court shall confirm
the award and assessment of benefits made
by the jury, some of them contain pro-
vision that no appeal by any interested
party from any decision of the Supreme
Court Of the District of Columbia confirm
ing said assessment or assessments shall de-
lay or prevent the payment of said awards
in IN ho nod
leaving the public TO a further contest as
TO the validity of the condemnation and
the assessments for benefits in the Court
of Appeals, and, perhaps, in the Supreme
Court of the United States. Chapter II
makes no provision for notice to the prop
erty-owners whose property may be as
sessed for benefits, nor do any of the acts
of Congress provide therefor, and. further
more, such assessment is not within the
purview of chapter II. .''7sa
Suits Against National Banks.
The report cites the action of the Com
missioners in ordering the revocation of
the direction, given September Is, 1885,
personal taxes on the capital stock Of the
national banks of the District of Columbia,
and directing him to list the stock for tax
alton under the provisions of the act of
Congress approved March 8, 1877. A test
case was brought in the Supreme Court
by the National Bank of Washington in
1879 to determine whether or not bank
stock was exempt from taxation; de-
cision was rendered in favor of the bank
On February 2S, 1880. When the order of
the Commissioners was revoked last year
suit was brought in the Supreme Court
January 81 of the present year by the
Riggs Bank for a cancellation of the taxes
and another suit was brought in by the
National Metropolitan Bank February 10,
with the same object in view. Both of
these cases are now pending.
With regard to lunacy cases the follow
ing statement is made:
There were 217 lunacy proceedings in
stituted by or in behalf of the Commission
ers. On January 81, 1899, Congress passed
an act to change the proceedings for ad-
mission TO the Government Hospital for
| the Insane in this District. Heretofore,
| INDECENT insane persons in the District
/ had been committed to the hospital upon
the finding of jury that they were of un-
sound mind. The expense of the proceed
| ing had been reduced TO a minimum by a
| provision in the appropriation bill for 1929,
which authorized the marshal to impane a
/ jury in attendance upon one of the criminal
L
as result there was no considerable de-
! lay For this simple and inexpensive pro-
! cess Congress substituted a law of more
than doubtful constitutionality, because it.
/ in terms, denies to the alleged lunatic the
right of trial by jury and commits the
! question Of his insanity TO the determina-
/ tion of justice of the Supreme Court of
| the District of Columbia holding a spec
! ial term for Orphans Court business. I he
/ proceedings prescribed in the act is cumber-
Gus and expensive; after a petition sign
| ed and sworn to by some responsible resi-
! dent of the District, is allowed by the order
| of the court to be filed, a copy of the petit
| tion is served on the alleged lunatic and
/ on the Commissioners; the court then ap-
/ points two or more physicians. not con-
nected with any hospital for the insane
1 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.
The Lunacy Law Faulty.
Under the previous system. the Com
missioners presented their petition to the
court and a writ de lunatico was ordered
10 issue At present, in all cases, includ.
| ing alleged lunatics of homicidal or VIC.
lent tendencies, the Commissioners are un.
der the necessity of procuring some re.
sponsible resident to file the petition fol-
them, and they are then served with {
copy of the petition in case, practically
instituted by themselves. see no reason
why this law should not be at once re.
| peaIed, and the former course of procedure
| reinstated'
| Several other matters of Importance ar,
mentioned in the report, including a recon.
mendation for change in the quarters
| provided for the Attorneys offices. In tn,