Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-14
POWER OF COMMISSIONERS
QUESTION DEBATED BY THE BUSI-
NESS MEMS ASSOCIATION.
Report Presented by MIR. Conrad II
Syme-District Code Amend
ment Suggested.


The regular monthly meeting of the Bust
ness Mems Association held last even
ing at Elks' Hall, No. 1896 street north
west President NJ. Dyrenforth occupied
the chair and Mr.. Barry Buckley served
as secretary. Almost the entire time Of
the meeting was occupied in reading re
ports.
A report by Mr.. Conrad H. Syme. upor
resolution referred to him at a previous
meeting, was in part as follows:
Mr., Syrne cited the reference to him OF
a resolution Of the association to the eftec'
that the law and legislation committee De
instructed to Investigate and report upon
the powers of the Commissioners of the DIS
trict of Columbia relative to the continuous
and almost unlimited issuance Of so-called
health regulations. many of which prac-
tically obliterate all personal rights or a
citizen CT property OWns" OF the DiStrlct'
and said that after careful reading OF the
resolution and a consideration of y scope
and apparent intention. il appears that IL
assumes a fact that the Commissioners
of the District of Columbia have issued so
called health regulations OF the character
named but that lin the absence of specific
designation of the particular regulations
complained Of it is impossible to report
specifically upon those impairfng seriously
the personal or property rights Of the citl-
zen.
Citing the act of Congress of February
81, 1891, under which the present form OF
District government was authorized, the re-
port states:
among the boards created by this act
was the old board of health, consisting of
five persons to be appointed by the Presi-
dent, whose duty it should be to declare
what shall be nuisances injurious to health,
and to provide for the removal thereof, etc.
The powers of this board were greatly re-
stricted, being limited to the special objects
set forth in the act The board. however.
either from a misconception as to the eX-
tent of its powers or in the conscientious
belief that the necessity for additional
health regula tions justified slight usurpa-
ton of power proceeded to enact a series
of rules covering almost every subject per-
tanning to the health of the city-regula-
tons, the wisdom of which has been amply
and fully justt ed by time and use.
LAS must alw avs happen. in such cases,
these ordinances had been In force for but
short time, when legal proceeding was
instituted TO test the power of the board of
health to enact them, and their validity was
passed upon by the Supreme Court of the
District of Columbia A majority of the
court held that Congress could not, or did
not, delegate to the board Of health the
power to declare anything nuisance in
furious to health, which was not 50 at
common law or made SO by some statute.
most important of these ordinances.
Finally Set at Rest.
THE matter was finally set at rest by
Congress adopting and re-enacting all save
three o: these ordinances by joint resolu-
ton of April "a, 1850, and later by the act
OF August I, 1894. they We're again re-en-
acted, and the powers and duties by them
imposed on the board of health, and con-
10 he
These ordinances are In force and effect to-
day. They were conceived in a full under
standing of the necessities of the situation
were Just and proper, in the MAN. and
While In the twenty years Of their existence
they may have worked individual hardship
in some cases, their general effect has been
to preserve the health and to promote the
welfare of this city.
The form of government established in
1871 proved to be inconvenient possibly mn
wise and in 1874 Congress abolished If and
established Commissioners, in whom were
concentrated or merged the greater part
OF the powers heretofore distributed among
the governor, the legislative assembly and
the school board The old school board,
with all its powers; the police board and
It's separate powers and the board of
health, however, remained.
FINALLY, June IL. 1878, Congress passed
an act which formulated and established
a complete system of government for the
District Of Columbia. This act swept away
prior legislation relative to the government
OF the District of Columbia. BY the act
OF 1873 the old board of health was abol-
ished and in lieu thereof the Commission
ers were authorized to appoint a health
0t1icer whose duty it should be, under the
direction Of the Commissioners, to execute
and enforce all laws and regulations re-
!atlng to the public health and vital sta
tistics.
Commissioners PowerIess.
= mere can be no question under the lin
itations of the act of 1875 and the legal
maxim that all power not specifically dele
gated by the Congress are reserved to 1t.
that under this organic act the Commits
sioners were absolutely powerless to enact
health regulations, and that their sole duty
was to that the health officer enforced
such laws and regulations regarding the
public health as We're then in existence
Nor We're the Commissioners under the
terms OF the organic act, even empowered
10 enact police regulations, and it was not
until 1887 that Congress authorized them
to enact police regulations for the few des-
ignated and specific objects mentioned in
the act. From 1873 to 1892 but two acts
Of Congress were passed amending these
powers, one being the act of May -, 1884
establishing the bureau of animal indus
try; the other act the one of December 20.
1870, to prevent the spread of scarlet fever
and dlph iberia in the District of Columbia
under the terms of which the health Of
llCti may MAKE POPULATIONS LOOKING TO the
prevention of the spread of these diseases.
1T will thus be seen that under the or
ganic act no power of regulation was vest
ed in the Commissioners either as to the
public health or as to the exercise of the
police powers of the community and under
the acts of 1884, 1887 and 1890 their power
was increased only to the limited extent
above mentioned.
ION the 18th of February. 1899, Congress
passed Il joint resolution under the terms
of which the Commissioners of the District
of Columbia became invested with the most
ample powers in every possible matter re-
lating to the protection of the lives limbs
health and property of the citizens of the
District of Columbia.
Il venture the assertion that there is no
a person in this association, not a LAWYER
| who Will not be surprised at the scope ant
extent of the police power conferred upor
| the Commissioners and astounded that sucf
| sweeping authority should have been dele
gated TO the Commissioners.
The Limitations.
THE only limitations placed upon the Com
| misSioners in the plenary exercise of tn,