The times. [volume] (Washington [D.C.]) 1897-1901, 1900-11-20
AFFAIRS 0FTHE DISTRICT
The Attorneys Opinion on Exten-
sion of Pennsylvania Avenue.
The Work of Opening the New High
ways Reviewed - Condemnation
idly as PossibIc-Enforccm of
the Smoke LAW in the Courts.

Andrew B. Duvall. the Attorney for the
District, yesterday forwarded to the Com
missioners his opinion upon the commune
cation of John A. Baker complaining of
the delay in carrying out the law pro-
viding for the extension of Pennsylvania
Avenue southeast. The Attorney informs
the Commissioners that the provisions of
the Act of Congress for the extension of
Pennsylvania Avenue, approved March 8,
1889, relative to the assessment of one
| half of the damages was similar to that
| contained in the act passed on the same
day for the extension of Twenty-second
| and Decatur Streets. He also informs the
Commissioners that the Court of Appeals
of the District held that provision in the
latter act as unconstitutional.
''Thereupon,' says the Attorney, Con
gress, by the act for the extension of Co.
lumba Road east of Thirteenth Street
approved June G. 1900, enacted that the
provisions of the last mentioned act 1e-
latinS to the mode of proceedings and
the assessment of benefits should be ap-
plicable to the extension of Sixteenth
Street northwest, and of Pennsylvania
Avenue the extension oI
| Staughton Street. of lexington Place, of
Fifth Street and of Howard Avenue.
I'm the cases of Columbia Road east
of Thirteenth Street, Columbia Road and
old Sixteenth Street, Staughton Street and
Howard Avenue, juries of condemnation
have been summoned and awards have
been filed. and an order has been passed
by the court in the extension Of Sixteenth
Street summoning jury on December z,
1900.
''All the street extension cases have
been and are proceeded with in such or
der as is directed by the Commissioners.
The Sixteenth Street extension will prob
ably occupy several months. 1t condemns
and takes property from about 40 sepa-
rate owners, and the assessment Of the
benefits will extend to several hundred
parcels of land. 1t is the most extern
sive and complicated street condemnation
in the whole history of the District, and
will involve an expenditure Of considera-
bly, more than 100000
at is entirely impracticable to conduct
two street extension cases at the same
time. Indeed. 1 do not see how 1t is pos
sible to keep UP the current work OF this
Office and give attention to the litigated
cases in our several courts and do Justice
to the interests of the public In the case
of the extension of Sixteenth Street, un-
sistant attorney as recommended by yeu
in your annual report"
The Commissioners of the District de-
cided yesterday to proceed in the courts
against all those who have been guilty of
violations of the smoke law. Action will
be first taken against those who have had
ample notice of this intention Of the au-
thorities and have not availed themselves
A. ,,,,ft ~, Alan Ito nnnC
ing devices upon their stacks or chimneys.
1t is the purpose of the Commissioners
to enforce the law regardless of the hard
ship which it may entail upon individuals
or of their inability TO comply with its
provisions by the employment Of existing
smoke consuming devices. The Commits
sioners argue that the law is peremptory
in its provisions, and that they have no
discretion in the matter. If it is bad
law they hold that it is not for them to
pass judgment upon it. nor can they set
forth what shall be regarded as adequate
compliance with the law apart from the
absolute consumption of smoke at all
times.
Commissioner Mcfarland, in speaking
of the matter, said that in his opinion
the Commissioners had been very lenient
with all concerned, and that 1t was time
now to enforce the provisions of the law,
as they had said several months ago they
would do.
The Attorney of the District has sent
to the Commissioners an opinion upon the
application of Frank A. Jones for the can
collation. of the general tax for the year
1893 against sublot 60, square $40, as
sessed in the name Of F. A. Buckingham.
The Attorney reviews the case at some
length, showing that on May 20, 1886, a
certified statement of taxes against said
lot was issued to E. l.. White, attorney
for w. S. Dustin, who purchased the prop
erty upon the faith of said certificate.
1t is also shown that the letter press
book in the Office of the Assessor indicates
that the tax for 1893 was entered on said
certified statement, but the Attorney says
that the original certificate which is
among the papers shows that the tax for
the year 1893 has been changed to 1892.
1t is shown that Mr.. White states that the
certificate came to him in its present form
and that it has not been changed while in
his possession. Closing his opinion the
Attorney says:
1.-The question whether or not the tax
for the year 1893 should be Cancelled as re-
quested is dependent in my opinion upon
the fact whether the alteration was made
after the certified statement was deliv- |
cred to Mr.. White. If il was, then the
present application should be denied. If
not, the application should be granted"
The Superintendent of Repairs recently
forwarded TO the Commissioners the sew
eral bids received for placing sinks in the
Business High School and recommended
that the proposal of L. ]. Hannah be ac-
cepted.
In passing upon the report Charles B. |
Ball, the Inspector of Plumbing, states |
that he has looked into the plans for the |
location of these sinks and the purpose |
intended by their use. He says that it is |
for furnishing drinking water and in his |
opinion it would be much better to intro |
duce the usual type of drinking fountain. |
He says it would be very desirable to sup |
ply this class of fixture, but he informs |
the Commissioners that legal complica-
tions might arise in the effort TO remove |
such fixtures from the building, and as |
the cost of the drinking fountain would be |
about s125 he advises the use of the sinks |
as the more economical and practical un
der the circumstances. He therefore ap- |
proves the recommendation of the report |
Of the Superintendent OF Repairs.
These reports have been approved by |
the Engineer Department and it is under |
stood that the decision will be acquiesced |
in by the Commissioners.
Some months ago II was reported to |
the Commissioners that two houses on |
MARYLAND Avenue northeast had