The Washington times., 1901-10-27
AFFAIRS OF THE DISTRICT.
The Attorneys Opinion on Tax
Attachments and Discounts.
The Old Laws Not Repealed by the
Act of February 19O1-Short
Measures for Selling Coal-SevernI
Night schools for Mixed Glasses.


Andrew B. Duvall. the Attorney FOR the
District. yesterday submitted to the Com
missioners an opinion in which ne holds
that there is no provision in the Act of
Congress of February p. 1901. repugnant
to the provision relative to the discount
or abatement upon the payment of water
main taxes. and that the provision has
not been repealed, but is still in fun force
and effect. The opinion was submitted
upon the communication of Messrs. Cole
and Donaldson, attorneys for Joseph
Speidel owner of certain lots in Centre
lexington.
ut appears" rays the Attorney, that
these lots were assessed for Waterman
tax. and that The owner was notified of
the assessment on August %, 1891. With
in thirty days after the receipt of said
notice, he rendered in fun payment of the
assessment the amount thereof, less 6
per cent The Collector Of Taxes refused
TO accept the amount rendered, claiming
that the provision for abatement for pay
ment in advance had been repealed by the
act Of Congress, regulating Waterman
assessments in the District of Columbia,
approved February n 1901.
The provision for a discount or abate-
ment upon the payment of waterrmain
taxes appears in the first ordinance upon
the subject by the late Corporation Of
Washington, December 20, 1861 1t was
reproduced in the act of the late Legis-
latiye Assembly. approved June %, 1873.
and again in the act of Congress, to au-
thOrize The reassessment of Waterman
taxes. approved June ,, 1900 The pro-
vision thus appears to have been set
tied feature in the system.
''On February 81, 1901, Congress passed
an act regulating assessments for water
mains in the District of Columbia which
provided, among other things, that the
assessments should be payable in three
installments, instead of four, and reducing
the amount of interest on the deferred
payments, but making no reference what
ever to the matter of the discount or
abatement for payment of the whole
amount at one time, as allowed by the
existing law. The act in its second sec
tiOn provides That all laws or parts Of
laws inconsistent herewith are hereby re-
pealed. The question, therefore, is wheth-
er the provision in reference to discount
or abatement is repealed by this last
mentioned act
1t is not expressly repealed, and if
repealed at all it is by implication. Re
peal by implication is not favored by
the courts. and the rule of statutory con-
struction is that there must be an un-
mistakabie intent to make the new act
{ substitute for the old and TO contain
all the law on the subject There must
be an irTeconcilable repugnancy, clear
and convincing, and following nece ssarfIy
from the language used in the later act.
Fence every effort must be used to make
all statutes stand. and if by any reason
able construction they can be reconciled
the later act Eill not operate as a repeal
of the earlier
1t Seems to me that if Congress in
tended to change this well settled feature
OF the water main assessment system. it
would have definitely said so, but in it's
act no allusion whatever is made TO the
subject, which is distinct from the other
PROVISIONS relating TO payment mentioned
The Attorney refers to an opinion de-
uTered by Justice Field in the Supreme
Court of the United States, which bears
out this construction of the law Of re-
peal. and continues:
he. act of Congress approved Febr1r-
airy u, 1871, which is claimed to repeal
existing law, repeats some of its provi-
siOns, cmits others, and adds new pro-
visions, but ii does not plainly appear TO
my mind that ii was intended as a sub
stltute for all OF the provisions of the
existing law.
Il am Of the opinic.. that there is in il
no provision necessarily rCIugnant TO the
provision relating to the discount or
not heen repealed. but is stiIl in force
and effect, and that in the case under
consideration the amount rendered should
hdVt. Dern received in fun payment Of the
water main assessment
As stated recently in The Times. Col.
W. c. Haskell, Sealer Of Weights and
Measures for the District, is engaged in |
a crusade against the short measures /
used by hucksters in peddling vegetables (
and coal throughout the city. His two |
assistants Are keeping sharp lookout |
tor dishonest dealers. and this resulted !
recently in quite an exciting chase be- |
tween George A Moore. Of Colonel Has
kells office, and the driver of a huckster- |
ing wagon, who was selling coal from a |
short measure.
While Mr.. Howe and his driver were
at the corner of Tenth and f Streets
northwest they noticed a coal wagon driy-
ing up Tenth Street. and hailed the driver
TO stop Instead of stopping and permit
ting an inspection Of the measures. the !
horse was whipped up and driven up
Tenth Street and down II Street, toward
Ninth, with the wagon Of Assistant Sealer !
Howe and his driver in hot pursuit MIR
Howe saw at glance that his horse was /
losing ground; so his driver. who is some |
what Of sprinter. jumped from the |
wagon and ran for the fleeing team in /
front. He caught the horse at the corner I
OF Ninth and II Streets northwest after 1
running nearly the entire square between |
Ninth and Tenth Streets. but at that /
moment the two men on the wagon /
marked coal and wood" took to their /
heels. Mr.. Howe then had the huckster's .
wagon driven to the First police precinct /
where he requested that ii be held until |
50 was left as collateral
Under the United States statutes a per
son Is liable to 500 fine. and imprison- !
ment in the jail until the fine is paid for
refusing 10 permit the Seaier OF Weights
and Measures. or his assistant to Inspect I
al scales, weights, measures, etc, OF any /
kind in use.
IN the Police Court yesterday the name
Of Edward Green had been given as the |
owner Of the wagon. who was supposed !
to have deposited the collateral. The col
lateral was forfeited.
The measures when tested were found |
more than . per cent short; all three
measures, One-half bushel. one peck and /
one-half peck, having been deliberately
cut of two inches at the top. and the !
measure having never been sealed. Per !
sons who Of necessity must purchase coal
in small quantities from thes6 wagons are
those who can least afford such loss.
and for their own protection they should !
aid the Sealer's force by insisting upon 1
seeing the seal of the Sealer Of Weights
and Measures on any measure that is
used in measuring their purchases.
Colonel Haskell hopes that the ten or
twelve convictions in this line In the past
few days will have tine desired effect. He
means to have this matter pushed 10 the
end successfully and the law enforced. |
Heretofore his force has been insufficient |
but he Is now IA a position to give more
time and attention. Unless the hucksters |
take warning and use more care in the
condition and use Of their scales and
measures. innumerable prosecutions will |
follow