The evening times., 1901-09-24

Andrew p Duval. the. Attorney fer the
District, has Just submitted TO the Com
missiOners an interesting opinion relative
to the dedication Of land for the exteu-
sion of Massachusetts, Avenue beyond its
present limits This question was raised
by the attorney Of W II. Urquhart and
Stanhopg Boiling. who claimed shat there
has been no dedication Of any part Of
the tweIve-acre tract Of land owned by
them. Immediately south of Fairyicw
Heights. and fronting on the Georgetown
and Teuleytown Road. through which the
extension Of Massachusetts Avenue would
pass They further claimed that the Com
missiouers have no authority 20 improve
Massachusetts Avenue between Joliet
Street and the WoodIey Inn property. by
laying a sidewalk according 10 the pub
ished notice 20 do so.
Nr Duvau saws that IL APPEARS that
this contention is based upon th" form IN
which the land was dedicated for the ex-
tension Of Nassachusett, Avenue: the
claim being that John W Thompson, who
signed the dedication as trustee. should
also have signed the same as owner in
dSmLCh as part OF the land was held by
him as trustee and part in his own right
The dedication Of Massac chusetts Ave
nue.. continues Mr. Duyall. was record
cd in 1892, and IL was then accepted ac-
cording 10 the plat thereof by The Com
missioners. The owners and the public
authorities have dealt with this property
recognizing this dedication. and the pres
eut comp.ainants had FIJI knowledge
thereof ~ and before their purchase Of
the property.
81 am Of the opinion that said dedica-
uDu Is good as against them. and tnat
tho Commissioners have authority 10 i'm
prove that part Of Massachusetts Avenue
extended U hich lies between Joliet Street
and the Nocdley Inn property
IN an opinion submitted L. the COmmis-
siOucrs today Andrew y. DuyaU the At
toruey for the District. takes tho ground
that the Board cannot discriminate be-
tween the children Of a deceased police
man when granting pensions. The ques-
tiou was raised by Charles W. Stetson,
who requested the reOpening OF the mat
ter Of peusioning the widow and children
Of Jacob Heller. q deceased member of
tho police force The matter was referred
to the Attorney by the Commissioners for
ar opinion upon the question whether uu-
der the act Of February %. 1885. making
provision for the Police Relief Fund. the
Commissioners may discriminate between
| the children of a deceased policeman
whether they are wholly dependent or are
supported by capable relatives.
In the cast of Officer Heller s:.vS the
Attorney, -the Commissioners glIOrrpd mo
relief fund september =. 1893. as follows
To the widow. 81, TO four Of the children
Nifhft sixteen years OF age. q. s.. 81. and
- Ter month. respectively No allotment
was made for John l. Heller one Of The
/ children, then under eleven years Of age.
| because he had been given over in infancy
/ by tho father 10 au uncle. who had ever
sine" provided for him Th- present an
plirlton rs 20 make an allowance for the
/ child
! The aforementioned act Of Congress
/ provides that the police fund shall Doe
| used for the relief Of any policeman who
! by reason of injury or disease contract
/ 81. etc, shall become permanently dia-
| bled. and in case OF his death
/ from such injury or deceased leaving a
/ ~ dow or children under sixteen wears OF
| age. FOR their relief. provided that such
| relief shall not exceed for any police
! man family the sum Of $50 per month
| y am OF the opinion that Congress has
! designated the bsue6ciaries Of this relief
/ fund They are the widow Of the dectas-
/ ed and such Of his children as are under
| sixteen years of age. and while the Com
! mlssloucrS may. iu their discretion aIIot
/ sum not exceeding the maximum Of 81
! per EOuth for ;he relief Of the widow and
/ the children under sixteen years Of age
/ they are not az liberty To discriminate
/ between such children SO as 70 wholly ,x-
/ cludc one of them.