Evening star., 1900-10-10
HARD TO DETERMINE
Points Not Counted, But Each Side
Scores Well.
MUNICIPAL OFFICIALS As PRINCIPALS
Controversy Over Alleged Nuisance
on Philadelphia Street.
T II e CO s T A n IS s U E

Messrs. r. W. Walker & Son the 9th
Of last June invited the attention Of the
health officer, DR.. VIM. G. Woodward, to
a pool Of stagnant water at the corner of
14th and Philadelphia streets, Brookland
The firm stated that more than half of the
pond Is in Philadelphia street, and prom
ised that when the District abated luat por-
ton Of 1t on public space, it would abate
the portion on Its property. The complaint
was found to be well founded. but since
that time no remedial action has been
taken, owing to the fact that the papers in
the case have been passing between the
offices Of the health department and those
of the engineer department Of the munich
pality.
After satisfying himself that the COM
plant was we'll founded, Dr. Woodward re-
ferred the papers to the engineer depart
ment, with a statement that the health
department cannot with propriety require
a citizen to abate part of nuisance. while
the District government, which is respon-
sble for the remainder, allows it to remain.
Mr.. c. B. Hunt. the computing engineer,
forwarded the papers to Captain Newcomer,
second assistant to the Engineer Commis-
sioner, with a statement that an examiHa-
ton showed that the pond encroached some
thirty feet on Philadelphia street, but that
1t was not believed, as result of the ex-
animation, that it could be called nui-
sance.
',The District should properly fill the por-
ton on public space. but the expense OF DO
ing at this time" July 19). said Mr..
Hunt, would be very large, and the condi-
tions do not seem to warrant 1t. recon-
mend that this communicate be filed, as
affording a record of the case. and that the
matter lie in abatement. pending some ac-
knowledged and responsible complaint by
a property owner that the conditions are
insanitary."
Back In the Health ONCE.
The next time the papers were heard OF
they were in the office Of the health officer,
who returned them July 23. with a state
ment that the pond in question was recog-
nized as a nuisance by the health depart
ment. DIR. Woodward called attention to
the fact that the complainant recognized
the need for its removal, even to the extent
of being willing to contribute his snare
toward its abatement. Under such CIR
cumstences," remarked the health officer.
"it does not seem proper that the District
should maintain it. pending some acknowl-
edged and responsible complaint by prop
erty owner that the conditions are insant-
tary' The general policy of the health de-
partment. at least. is to anticipate such
complaints. rather than to encourage them
by procrastination."
1.-The health department. continued DR..
Woodward. "can see no reason why Its in
terests. and its judgment In this matter to
the effect that this pond is insantary,
should not be Of at least equal weight with
that of a property owner having no partic-
ular experience relative to such matters.
1t has never before been regarded
necessary for the health department to sub
NIT in a reference of this character the
name of the complainant or evidence as to
his property interests.
MIR. Hunt Again at the Bat.
The following day the papers appeared in
+lA nrin xxhn H1nt
went to the bat with an explanation that
his Endorsement was written with the
derstandng that complaint to insanitary
conditions of the pond had been made by an
unknown citizen. and that the health office
had acted thereon on general principles,
and on the particular proposition that water
impounded in depressions of topography
was, per sc, a nuisance Mr.. Hunt claimed
there was no house or residence within sew
eral hundred feet of the pond. and that an
examination made by representative of
his office led to the honest expression that
no fair complaint could be made that the
conditions constituted a nuisance.
Should the health officer" said Mr..
Hunt, still commit himself to the state
ment that this pond is insantary, 1t Is be-
lieved by this Office that such judgment
should be OF determining weight 1t Is es-
timated that to fill that portion Of the pond
which is embraced in public space would
require an expenditure of $500. and should
the final decision be that the District must
take action at this time. L would request
that such expenditure be authorized from
the emergency fund, as 1T would appear
that the appropriations under the control
of this office could not be properly ap-
piled to this work.
Auditor Has an Inning.
The auditor for the District was called
into the game, and that official informed
the Commissioners that if they should con-
cur with the health officer that nuisance
exists which is detrimental to the public
health. the emergency fund could be used
for its abatement. Thereupon, the Engi-
neer Commissioners first assistant, Capt.
Gaillard, then acting as engineer commits
sioner stepped to the plate and sent the
ball to the health officer, with request for
his opinion as to whether, in his judgment,
the nuisance is sufficiently great 10 war
rant an expenditure Of $500 from the
emergency fund for the purpose OF abat-
ing It,
In his inning the health officer remarked
that the abatement of the nuisance Wouio
be in the nature of a permanent improve
ment one which must be done sooner Vi
later and that while the cost OF abatlng II
would increase present expenditures, II
would diminish those necessary thereafter
He thought, however that the sum OF SAoo
was entirely out Of proportion to the
amount of work required, rapping out a
hot one to center with the remark that the
health department could better judge OF the
informed further on the subject, and ex-
planning that the abatement Of similar
nuisance at 10Th and r streets northeast
cost but $40. Il do not believe. added the
health officer, he rested on third, that
the nuisance now under consideration Is To-
Gated SO far from the city as to increase
the cost of such work ten times
Captain Newcomer next took the center
field stating that the health officer seemed
to have been under the Misrepresentation
that his opinion was desired as to the ac-
curacy Of the estimate Of $500. In view OF
the doubt expressed. however. Captain
Newcomer explained that the estimate COW
cred about 900 cubic yards of earth fill
ing at an assumed cost Of 20 cents per cubic
yard and that in the case of the nuisance
at 18th and r streets the engineer depart
ment recommended that the property own
ers could obtain relief by laying a pipe at
an estimated cost of $40.
Captain Newcomer Faces sattery.
The health officer took the field and Capt.
Newcomer faced the battery. remarking
that his department IS entirely willing to
assume responsibility for the method Of
abatement recommended by 1t In the case.
1t is estimated. he added, that to drain this
depression by placing pipe under the roa.i
would cost at least $50, and past experience
has shown. he explained. that considerable
10 ayio f,sar ha rfn 90 nf haS