The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-29


District, yesterday submitted his report
covering the operations of his office for the
fiscal year ended June 80, 1900 During
the year." he says, there were al writ
ten advisory opinions by the Attorney at
the request of the Commissioners, and
forty-five written communications to IN
terested parties relative to pending mu-
nicipal matters and suits. The questions
submitted for opinion by the Commission
ers in many cases were difficult of solu-
ton because of the novelty of the sub
feet involved; some of them required con-
siderable research.
Opinions have also been rendered otal-
~ in numerous cases submitted by various
District officials concerning matters OF
current business arising in the admins
tration of their respective departments
During the fiscal year there we're Us
cases, exclusive of lunacy cases, in the
Supreme Court of the District Of Column
bia and before justices of the peace in
which action was taken.
Among the cases disposed OF in the
Court of Appeals the following were OF
special interest and importance:
District OF Columbia VS.. George Hazel.
decided March 16, 1900, was a writ of error
information against the defendant, charged
with a violation of the police regulations;
IN this, that being the driver of licensed
vehicle for the conveyance of passengers
for hire. he occupied a portion of the hack
stand adjacent to the Baltimore and Poto-
mac Railroad Company's station set apart
for the sole use Of the vehicles OF the COM
pany. The defence was the alleged lie
gality of the police regulation whereby the
lon rmN
public hack-stand adjacent to the Balti-
more and Potomac Railroad Company's
station for the sole use of the cabs of the
railroad company and another portion of
the same stand for other cabs, it being
claimed that this was an unlawful dis
elimination in violation of the common and
equal rights of all persons 10 use the
streets equally. The case was a sequel to
that OF Curry VS.. District OF Columbia, de-
cided april 4. 1899. in which the court held
null and void police regulation made I'M
der authority of the joint resolution OF
Congress approved June l. 1898. authorizing
the Commissioners to locate on the streets
adjacent to the station of any railroad COM
pany in the District. stand for cabs of
such railroad company 20 be maintained
by ii for the convenience Of passengers for
hire to and from such railroad station, the
Commissioners having assigned the whole
of the cab stand adjacent TO the station of
the Baltimore and Potomac Railroad Com
pany to the sole use Of the cabs of that
company and excluded all other cabs there
from. The Police Court in the Hazel case
had quashed the information against the
defendant charging him with the violation
Of the police regulation.
The Court of Appeals reversed the
Police Court, holding that it vas ccm-
petent for the Commissioners, il the
exercise of their judgment and sound
discretion, to apportion the spaces of
cab stands adjacent to the station Of the
company between the cabs of that COM
pany and other cabs, and that the only
question open for the consideration of the
courts would be the reasonableness Of the
apportionment; that II was a question OF
fact to be determined upon testimony and
not of law to be determined by the court
without reference to the circumstances. !
That the regulation adopted by the Com
missioners .naking the apportionment was
reasonable on its face, and the Commits !
sioners having the general power to make |
the appointment. it was incumbent on
the defendant charged with a violation Of
the -esuiatisn 10 overcome the presump-
ton by satisfactory proof TO the contrary
In this connection l should call your at
fenfion 10 two cases now pending in the
Court OF Appeals, D. c.. VS.. Sergeant. and
D. c. vs.. Smith. being appeals from judg-
ments of the Police Court May %. 1900.
holding the police regulation null and void
because in fact unreasonable and unfair.
Assessment for Benefits
Davidson ct al VS.. John B. Wight.
Commissioners etc, decided April Is. 1900.
was an appeal from decree of the su-
preme Court of the District of Columbia
confirming an assessment for benefits in
proceeding for the extension of Street.
Under an act of Congress approved March
3, 1899. the Commissioners Instituted a
proceeding to condemn the land necessary
TO open and extend S. Twenty second, and
Decatur Streets through lots IL and AZ
OF Phelps and Tuttle's subdivision OF
Connecticut Avenue Heights. part OF
Widows Mite. The jury of condemnation
in its verdict awarded S52. 600 as the value
of the property to be taken. and assessed
SIG, 900 on adjacent lots in accordance with
the provisions Of the act that of the
amount found due and awarded as dam
ages for and in respect OF the land con-
demned not less than one-half thereof
shall be assessed by the jury against the
pieces or parcels of ground situate and
lying on each side of the extension of said
streets, and also on any or all adjacent
pieces or parcels of land which will be
DGuGuIGl
THE court reversed the judgment of the
court below. holding that in so far as
said act OF Congress provided that not less
than one-half of the amount awarded as
damages shall be assessed against prop
erty on each side of said streets and on
all or any adjacent property benefited by
the opening OF said streets, the same was
unconstitutional null, and void. in that
It arbitrarily found that the whole ada
cent property subject TO assessment or in
tended to be assessed would be specially
benefited TO the extent Of at least one
half of the cost of the improvement; that
the act of Congress was in conflict with
a recent decision of the Supreme Court
Of the United States in Norwood vs. Ba-
ker, 172 L. S., 1863 The court further held
that the assessments were invalid because
there was no personal notice or personal
service of process on any of the owners
of property to be assessed prior TO she
order nisi confirming the verdict OF the
jury, but merely an order OF publication
issued at the time Of the filing of the
petition directing parties In interest 10
appear ia court by day named. An ap-
peal from the judgment of the Court Of
Appeals was entered TO the Supreme Court
of the United States. and the latter court
has advancet the cause for hearing at its
October term. The decision of the Court
of Appeals that the act OF Congress under
consideration in this cause was unconsti-
tutional, affected the proceedings under
the several acts passed by Congress for
the extension Of streets and highways In
the District of Columbia.
AT its last session, twelve such eI-
C1nE EgGRnE0aHEh