The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-17
AFFAIRS ORTHE DISTRICT
The Attorneys Opinion on the
Franciscan Monk Cemetery.
The Facts stated and the Laws APP
plfcRbIc to the Case Quoted
Recon endatiOn That Application
Be Dcnicd-APpropriat for n
bridge Asked for by Citizens.

Recommend That Application
Be Dcnicd-APprOprtRt for n
bridge Asked for by Citizens.
Andrew r. Duvall. the Attorney for the
District. yesterday submitted to the Com
missioners an opinion upon the applica-
tion of the Franciscan Monks for per-
init to establish a private burial place
in a portion Of their grounds near Brook
land. ID. C. 1t will be recalled in this
connection that this application was made
several months ago and that it has been
the theme of spirited discussion between
those who have favored and those who
oppose the scheme. 1t was the subject
of hearing last summer in which the
citizens of Brookland presented objec-
and it has once before been passed on by
the Attorney for the District. In his
opinion Mr. Duvall says:
The first section of the act OF Con-
gress, approved January %. 1898. for the
regulation of cemeteries, ETC., in the Dis
and after the passage of this act no per-
son or persons shall lay out any new
cemetery, or part of any cemetery. with
in the city of Washington. in the District
of Columbia, nor in the said District
within one mile and half from the
boundaries of said city; no person shall,
in said District, lay out any cemetery or
part of any cemetery, within less than
200 yards of any dwelling house except
with the written consent Of the owner,
lessee and occupier of such house, nor
without a permit to do SO from the Com
missioners of the District
The proposed location is not within
one and one-half miles of the boundaries
of the city Of Washington, but objection
is made that it is within less than 200
yards of a dwelling house. That objec-
tion is set forth in an affidavit made by
James l.. Sherwood. who states that he
is the owner of about fourteen and one
han acres of land Immediately adjoining
on the north the parcel of ground belong
ing TO the Franciscan Monks. that his
dwelling house is about $50 feet from the
proposed location and that another dwell
ing house. with wash house and a car
rage house attached. also belonging to
the deponent. is located within the en-
closure around his residence, which is
occupied by his servants as dwelling
house and has been continuously so for
the past seven years, that this second
dwelling house is within $50 feet from the
proposed cemetery.
The statement in this affidavit. that
within $50 feet from the proposed ceme-
'ery there is another dwelling house,
which is now and has been continuously
occupied for the purpose seven years.
STANDS unchallenged. 1t will be observ-
ed that the prohibition in the act of Con-
gress relates to the location Of 4 GENE
terry within less than 200 yards of any
dwelling house, not within that distance
of the main dwelling house of adjoining
premises. and the written consent Of the
owner. lessee, and occupier of such house
is required by the statutes to be obtained
Il am OF the opinion that the proposed
location of the cemetery is within the
distance prohibited by the terms of said
act OF Congress, and that the written
consent of the owner ard occupier of that
| dwelling house is required as a condi-
| tion to the location of the cemetery a
| proposed"
The Committee on Taxation of the Bust
ness Mems Association appeared before the
Commissioners yesterday to present their
views on the subject of delinquent taxes
Thomas G. Hensey, chairman Of the COM
mittee, was the first speaker and he dis
cussed the general subject of delinquent
taxes dwelling particularly upon the ex-
cessive penalty attached to the collection
of taxes overdue, amounting to IL pei
cent year. He said there were two
| views OF the subject, that of the property
holder and that of the official of the Gov
| eminent charged with the duty of collect
| ing the money due the District from the
various sources of taxation. He said
| that he appreciated the difficulties tina,
| attended the collection of this money. bu,
he doubted very much whether it was in
| the least facilitated by the addition to the
burden Of an interest charge twice that Of
the legal rate of interest and three times
| that OF the lowest rate at which money
could be secured on gilt-edged security.
Mr.. Hensey said that the States of the
Union had undertaken to regulate the
rate Of interest and that in the District
of Columbia il was not legal to charge
| more than 6 per cent. or more than II
| per cent on special contract. and yet he
| said at one time the District imposed q
| per cent on delinquent taxes and now i'm
poses IL per cent Mr.. Hensey designated
| this charge as usury, as a needless bur
den on the poorer property holders. ant
| he declared that he did not believe tina
IL haStened the payment OF taxes. lag
| stated it as a fact that in the reduction
| of the penalty from "a per cent to II pei
cent there had been a visible increase il
the number of taxpayers who paid
promptly. Mr.. Hensey thought it should
be the aim of the Commissioners TO m
fict the least hardship possible upon the
taxpayers, but instead of that the pen
atty was like adding the burden of cxces-
sive interest to the burden of the tax.
l.. NJ Saunders followed and made a
strong point by calling the attention o,
the Commissioners TO the matter OF the
sewer and the water taxes. in which the
law prescribes that the tax may be paid IN
installments and YET after the first a pen
| atty OF per cent is laid in the case OF
+! sewer assessments and 10 Per cent in the
| water bills. Mr.. Saunders pointed out that
there was here no violation of law and
| virtually no delinquency and yet the PEN
atty is laid.
w J. Frizell spoke on the subject of adj
| vertising showing that the present charg-
| es of s1-2G was too high. Equity demand
| ed that the charge for advertising should
be the actual cost with nothing added
thereto. He advocated the striking out OF