The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-05
AFFAIRS OF THE DISTRICT
a Regulation for Removal of
Refuse From Sidewalks.

A SpecinI Commission Reports an
Order to Cover Variety of Com
pIaints-Thc Attorneys Review of
81 Nnndnmus Cnsc-Currcnt Notes.
The Commissioners several days ago ap-
pointed n special committee. consisting of
]. r Petty. the Auditor, and c. r. Hunt
the Computing Engineer, and requested
them to formulate a regulation for the
disposition Of all complaints and reports
relative to the removal of dirt, sand,
gravel, and other refuse matter from
paved sidewalks and alleys in the District.
This action was taken in accordance with
the act of Congress approved March ;,
1897 The committee yesterday submitted
their report in the form Of the following
order, which they ask the Commissioners
to officially promulEate:
THAT hereafter all action relative to
the removal of dirt. sand gravel, or
other refuse matter from paved sidewalks
and alleys in the District of Columbia, as
required by the act of March 2, 1897, snail
be under the direction of the Computing
Engineer, TO whom all complaints shall
be referred. and who shall be charged
with the responsibility of all inspection.
movaI as may be found necessary, charg-
ing the cost of the same to the then cur
rent appropriation for repairs to streets,
avenues. and alleys
when. in given case, the cost Of re-
moval shall have been ascertained the
papers relating thereto shall be referred
to the Assessor for assessment and entry
of the amount assessed upon the regular
tax roll of the District as provided in the
aforementioned act, and all moneys col
lectcd in accordance with said act shall
be repaid TO the appropriation for repairs
10 streets, avenues, and alleys for the
fiscal year in which the same shall have
been received
Andrew T. Duvam. the Attorney for
the District, has advised the Commission
eTs relative to the affirmation Of the Su-
prerne Court Of Appeals OF the District
of Columbia in the case of the United
States OK rel CottCr T. Bride against
Alacfarland ct al. The Attorney states
that the action was an application for the
writ of mandamus to require the Com
misSioners to execute a deed for lot 9, in
square 81. sold for taxes April E, 1885 Mr..
Duvall gives the following review Of the
case and its result:
The Commissioners declined TO execute
the deed except upon the payment of the
general taxes with interest and costs,
due and unpaid for the years 1880 to 1875
both inclusive. for which the lot had been
sold at previous tax sales and bought in
by the District.
The refusal to execute the decd was
based upon the provisions of the act of
Congress approved February y, 1898, en-
titled An act in relation to taxes and tax
,I,a pf ('plIIrOtia.' by
which it Is provided, among other things,
in section thereof, that no deed shall be
issued until all taxes and assessments APP
pearing on the tax BOOKS against inc
property are paid with penalties, interest,
and costs, including taxes for the years
for which the District purchased the
property at tax sale
The relator contcuded that the act Of
February - 1898. was not applicable 10
the tax sales Of April 6. 1898, and that he
was entitled to a tax deed for this prop
erty without the payment OF any ante
cedent taxes, and that upon the eXecu-
ton Of such tax deed he would be enti-
tied under the decision IN Brewer against
District of Columbia to have the antece-
dent taxes Cancelled.
The Court of Appeals, however, held
that said act OF Congress operated upon
the tax sales of April, 1898, and IN the
course OF the decision Chief Justice Alvey
said:
The act of February 90. 1858, is in
tended as n general comprehensive sys-
tenn of procedure for the listing, advertis-
ing. and sale of property for taxes. 1t is
not intended to be a mere auxiliary meth
cd prescribed to a pre-eNistins method 1t
IVES intended to take the place OF a sNS-
tenn previously prescribed in which IL was
supposed there We're defects that required
legislative change in detail, but not IN the
system itself.
- Congress. by the passage of this act.
did not certainly intend to deprive the
District of all remedy for the collection
Of taxes due prior to the date of the act
of
I" -The act was simply a re-enactment
Of pre-eNisting laws, with notifications
and enlargement of powers to make them
more effective But in doing TINS IL dld
not IN any manner nullify what had been
done under the pre-eXisting acts upon the
subject
Henry j.. Woodbury., Of 2S25 / Street
northwest, has again written the Commits
sioners protesting against the laying OF
grauolithic sidewalk in front Of premises
IIOI to 1lo5 Twenty-fourth Street north
west. and he asks that action be deferred
until the matter can be laid before the
board.
c. Il. Hunt. the Computing Engineer. in
making n second report upon the matter
calls the attention of the Commissioners
10 the fact that a cement sidewalk the
east side of Twenty-fourth Street from
]. to VI Streets, including the frontage de
scribed. has been ordered, after proper
legal procedure. under the assessment sys-
TEN, the same having been requested by g.
per cent of the abuttinG property owners
Mr.. Hunt states that the writer is clearly
n minority representative and as the pro-
posed construction is not only authorized
Icy law but is also to a considerable eX-
tent for the benefit Of the United States
Weather Bureau. Mr.. Hunt sees no rea-
son for modifying tie order already is
sued for the work. and he recoIamends
that the writer be 50 advised.
The INSPECTOR of Buildings has for
warded 10 the Commissioners schedule
OF proposals received for constructing a
school building At Third and X Streets,
and also Tor the plumbing work Of the
same. The Inspector states that the pro-
posals were for steam heated building
colored brick He states that the lowest
bid received was that OF J. NJ Dunn. and
that the funds available. after allowing
for the cost OF contingent expenses in
cidental TO the construction Of the build
ing is $S6,25il1, leaving L balance Of
$5i517
Mr.. Brady expresses his belief I'm the re-
sponsibility Of the bidder and RECON-
mends that the proposal be accepted. MIR.
Brady also calls attention to the fact
that the plans Of the building have been
designed with view to enlarEing il In
the future, 50 as TO contain sixteen rooms
The Commissioners. acting upon the ad-
vice OF the Inspector, have voted to ac-
Cppt the bid.
James II. Han, of Brookland. who re-
gently complained to the Commissioners
CON