The Washington times., 1901-07-25
AFFAIRS OF THE DISTRICT.
Brookland Citizens Express
Thanks for Aid at Recent Fire.

An Investigation Into Complaints OF
StngnRnt POOIs-Inspection Of
Flour and Of Milk Bottles-Pcrmits
for Bay Window Projections.
The Brookland Citizens Association, la
boring under misapprehension, yester-
dag addressed a letter to Chief Engineer
Dutton, of the Fire Department. tender
ing thanks of the Brookland citizens for
the prompt and effective work of Truck
d and Engine Company II at fire on
Monday. Chief Dutton. in referring the
matter to the Commissioners states that
| Truck d was not present at the fire, the
| work being done entirely by No. u Engine
| Company.
The letter from the Brookland associa-
/. ton, signed by Charles II. Harbaugh,
/ says: 4 have to request that you will
convey to the men of Truck ID and En-
| gine Company No. u the thanks of the
| Brookland Citizens Association for their
prompt and effective work yesterday at
| the fire in our suburb. This disaster
| serves to emphasize the need of more
| adequate fire protection outside of the city
| limits, where the buildings are largely of
! wood, and make quick service imperative
/ in order to be of much value. Thanks to
| the efforts OF the District Commissioners
fire engine house is now in course of
construction in Brookland, and We will
soon have the protection of which we
| have long stood in need"
| The Attorney of the District, A. B. Du-
| val yesterday handed the following re-
| pert to the Commissioners relative to the
complaint of l.. a. Miller, concerning a
pool of stagnant water near the corner
Of Fourth and Albany Streets northeast,
together with the report of the Health
Officer in regard to the matter;
1T appears from the latest report upon
this case by Inspector Wollard, June 10,
1901, that the property upon which this
nuisance, consisting of stagnant water,
exists is private property owned by two
persons, both of whchl are non-residentS,
one of whom. Joseph Speidel, authorized
the abatement of the nuisance upon the
portion owned by him, when the other
owner will do the same. .
From earlier reports among the files,
infer that this property is on a street
where there is a public sewer, and If this
is correct the case comes within the pro-
visions of section of the act of Congress
approved May 10, 1896, for the drainage or
lots. If, however, there is no public sewer,
then the case is in the same category as
the matter of premises 1910 | Street, and
will be covered in my new regulations pro-
posed in my opinion of date herewith
Charles A. Rhodes, 406 Albany Street,
lexington, d. c., has also requested the
Commissioners to provide proper drain
age for the vacant lot adjoining his prop
,erty The correspondent states that for
merly the water which now forms a stag
nant pool here was stream of running
water Excavations made by the Dis
trict have left the lot in an unhealthy
condition, Mr.. Rhodes states. The odor
rising from the place has been very Of
fensive and unhealthy, especially during
the hot weather.
Mr.. Rhodes further complains that both
his wife and child have been i'll of ma
larial fever, caused by this body of stag
nant water in the vicinity of his home.
The place. he declares. breeds poisonous
gases. Mr.. Rhodes father-in-law, says
the writer some time ago preferred a
request that the nuisance be abated. Tc
this request he states that on July he
received a letter from DIR. Woodward, the |
Health Officer who stated that the own
er of the property is a nonresident of
the District and that there is no law
which VIII enable the Health Department
TO proceed against the person having
charge of the property for the owner. The |
Health Officer stated, says Mr.. Rhodes. !
that the place, in his opinion, should be |
filled in.
The matter comes under the department |
of Commissioner Macfarland, and the |
matter accordingly has been referred to |
him.
The Attorney 1or the District has ad- |
dressed an opinion as follows to the Com
missioners relative to the inspection of |
flour in the District of Columbia:
Il have the honor to return herewith
the copy of my opinion of June / ultimo, |
relative to the inspection of flour in the |
District of Columbia. which, with the
enclosed papers. you referred TO me to
be advised whether there is any duty i'm
posed upon the Commissioners in the mat
ter of the execution of the law relative
to the inspection OF -four other than the
appointing of officials to carry the law
into effect.
The Commissioners, as the executive
officers of the District of Columbia, are
charged by law not only with the appoint
ment of officials to administer the law,
but they are vested with the duty of
the case under consideration, / am not
aware of any present duty resting upon
the Commissioners.
The law regulating the inspection of
-four provides for the duties of the In
spector of Flour and the only way TO
determine any cohtroVerted question in
respect tc his duties is by making case
which can be submitted TO the courts for
The Attorney for the District also ad-
vised the Commissioners yesterday in the
case of Burton Macafee for mandamus
against the Commissioners, as follows:
The petitioner claimed that he was
entitled to have the court require the
Commissioners to signify their concur
renee in an application for a permit for
certain bay window projections upon the
building which he proposed TO erect on
Sixteenth and Rosedale Streets northeast.
"A demurrer was filed to this petition,
In behalf of the Commissioners, claiming
that the act of Congress approved March
3, 1881, authorizing building permits Sor
projections on the streets, upon the con-
curreEce OF the Commissioners and the
OF the Secretary of War, was
purely a discretionary matter with the
that the applicant had
no vested right. and that the Commission
ers owed him no legal duty in the prem
ses.
THE court took this view of the mat
ter. and, accordingly. dismissed the petit
ton; an appeal to the Court Of Appeals
has beea noted by the petitioner"
William o. Orndorff, Inspector and
of Wood for the Rock Creek
District, has made tine following annual
report to the District Commissioners:
Il have the honor to inform you that,