The Washington times., 1901-10-26
REPORT OF TEL ATTORNEY
A Busy Year in the Law Office OF
the District.
nfr. DuvaII Submits 352 Opinions nnd
Writes Many Lcttcra-Incrensc of
Cuses in CourtK-Strcet ENfrn-
sion and LUnAcy Proceedings.

Cnses in CourtS-Street ENtTn-
sion and LUnAcy Proceedings
Andrew 3. Duvan. the Attorney for the
District, yesterday handed TO the Com
missioners a report Of the operations Of
his Office for the fiscal yeaf ended June
30, 1901. During the year, he says, there
were S52 written opinions submitted at
the request of the Commissioners, and
ninety-eight writer communications to
interested parties relative to pending
municipal matters and suits.
The questions submitted for opinion by
the Commissioners. Mr.. Duvah says. en-
braced a great variety OF subjects relat-
ing to municipal affairs. including taxa
ton and assessment, street extensions,
the occupation of public space. pending
legislation, proposed regulations, and the
construction Of acts 7f Congress. Oral
opinions were rendered in numerous cases.
he says. submitted by various District
officials concerning matters of current
business arising in the administration of
their respective departments.
According to the report, numerous mu-
nicipal contracts and leases. and bends
to secure performance of the contracts,
have been examined and certified as to
dred tax deeds have been prepared.
The Attorney gives the main facts re-
lating to six cases instituted against the
District in the Supreme Court of the
District of Columbia holding an equity
court He reviews five cases in which
mandamus proceedings were instituted.
Final judgments, he explains, were rem
dered against the District by The Su-
preme Court of the District of Columbia
and by Justices of the Peace in nine cases.
Final judgments Were rendered in the
Supreme Court of the District Of Soum-
bia in favor of the District in five cases
Five cases have been discontinued or
placed upon the "stet calendar Accord
ing TO the report there ar twelve actions
for damages Instituted during the year
still pending The report shows that
judgments in certiarari We're entered IN
seven cases quashing assessments for
taxes Illegally assessed.
..Decrees in equity continues the re-
port. have been entered in twenty-iour
cases in favor of holders Of tax deeds,
canceling taxes assC ssed prior to the GATE
of the tax sales, in pursuance OF Whlcn
tax deeds were issued. prior 10 the acl oI
Congress rela ing to tax sales approved
February %, 1898. This act il VIII be fe-
membered, contains provision requiring
the purchaser at tax sale to pay the an
tecedent unpaid taxes.
There were three proceedings in ha-
beas corpus wherein the petitioners
sought to be released from the District
workhouse, where they had been commit
ted by the judgment of the Police Court.
In two of these cases the petitioners were
discharged because of defects in the in
formation, and in the third case the petit
tion was dismissed.
zone civil action was instituted by the
District during the fiscal year-that OF The
District Of Columbia VS.. Louis +. w.
Weber lat law, No. 4i740. on October
II, 1899, Cary d. Freeman secured a judg
ment against the District of Columbia for
$3.50, for personal injuries sustained by
falling over certain rubbish which had
been negligently placed on the sidewalk
of Seventh Street, between q and l
Streets southeast. by said Weber. who
was notified of the pendcncy Of the suit
against the District and was present at
obliged to pay this judgment. which. with
interest and costs, amounted to S.SJ.yJ: and
on June II. 1871, suit in behalf OF the Dis
trlct was entered, which is stiil pendmg.
There were &3 lunacy proceedings in
stituted by or on behalf OF The Commis-
sioners, an increase OF Is per cent in the
number over the last fiscal yer.
IN this connection, / take the liberty to
re-state my views upon this subject as eX-
pressed in my report of last year that
the act OF Congress of June ), 1888, under
which INDECENT insane persons and insane
persons of homicidal tendencies are COM.
mitted TO the Government Hospital for the
insane, is of doubtful cCnStitutionallty,
inasmuch as IL in terms denies to the al
legged lunatc the right OF trial by jury
and commits the question of his sanity TO
the determination of one of the justices
Of the Supreme Court Of the District of
Columbia. holding a special term for Or
phans' Court business.
This objection did not exist under the
proceedings In force when the law was
changed by Congress. Then the Marshal,
authorized by a provision contained in
the Appropriation bill for 1898, empaneled
a jury In attendance upon one of the
criminal courts, and the verdict was con-
hrmed by the court. The expense was
thus reduced to a minimum. II consisted
of clerk fees and .he ordinary witness
expenses, requires payment by the Dis
tfict in each case Of a per diem cOmpCnsa-
tion Of SO to each OF at least Two ply
sicians.
During the year this compensation for
physicians fees in lunacy cases amounted
TO about $3.50. / again recommend that
said act be repealed, and the former sim
pie and economical procedure be rein
stated. If Congress is unwilling to make
this repeal, it should. at least. amend the
law by reducing the allowance for ply
siclans."
Mr. DuvaIl enumerates thirteen cases in
which proceedings in street extension
were instituted in the Supreme Court Of
the District of Columbia. He next re-
views eleven cases, originating In the Su-
preme Court of the District Of Columbia
and in he Police Court, which were dis
posed of on appeal to the Court of Ap-