The times., 1901-06-08
AFFAIRS OF THE DISTRICT
The Question of Licensing Auto
mobiles and HOrseless Vehicles.

The Assessor submits n Statement
Relative to This Kind of Convey
ances - An Opinion on Requiring
Bond of the Inspector of buildings
A few days ago II. H. Darneiiie, the
District Assessor, forwarded to the COM
z4issiouers statement relative 10 the IL
ce7se tax for proprietors of locomObiles,
automobiles. and motor carriages lie
reminded the Commissioners that the be
ginning of the license year was near at
hand. and that it was desirable that the
question OF licensing these vehicles should
be determined.
Later letter was received from George
+ Hamilton. an attorney, in which
statement was presented relative TO the
matter in the interests Of the proprietors
OF the automobiles used for hire. The
gist of the statement was that the Elec-
trical Vehicle Company cannot be in
cluded under ths provisions Of the license
law. and that because OF defects in the
personal tax law they cannot be taxed
tGN~rUndor.
Yesterday the Assessor submitted to
the Commissioners a statement relative
to the matter. as follows,
After careful study of this question.
/ am unwilling % coacv5o the position
taken by Ny Hamilton attorney Tor thc
owners ~ ceSs&s& eiocsvse vehicles, that
such vehicles could uog ~ Included ua-
der tht ttcc-Se 1sV-S { aza ~ tha op'ss3n
Ur which ! z.a Sustained cy She legal
adviser 81 Jhc psssrsy. s.. Co,auaetS} ,hst
The present la~ hSS eoS& &ad sS ROW
applicable 10 all vcEsc,CS s;Sed tcT tho
transportation of VaSSeoEors for h'rS
without regard to motive power, except
r,eh 1
am led to this conclusion after a careful
inspection Of the law, which divides IL
censed vehicles into two classes. viz:
Hacks and carriages, SO; omnibuses, SO,
other vehicles. so, and one-horse cabs, Sc
per annum.
The proposition to pay tax Of 81 for
each vehicle located at a railway station
IS 1 believe, not warranted under the
the law. which fixes the minimum amount
at Sc per aunum. The position is not ten
able from this standpoint, and l am OF
the opinion that the amount thus received
would have to be refunded in time.
u respectfully suggest that question
of such interest to the financial welfare
of the District might very properly be re
ferred for Interpretation by the court, for
the compromise desired would / think
bar the District from any subsequent pro-
ceedings under the present law.
This issue is not confined to few We
hcles at a railway station, but goes fur
ther Nearly all hotel omnibuses are now
run by electric power under last year 5
licenses. which expire on the Goth OF the
present month. Should decision be
reached not to enforce the law. the pro-
prietors referred TO would, as a matter
of course. decline to renew licenses For
these and other reasons. I am unable TO
recommend the acceptance Of the pro-
posed compromise, as feel that 1t would
set a dangerous precedent.
1t is understood that the action Of the
Commissioners viii be based upon the
foregoing statement Of the Assessor.
A few days ago Commissioner Ross sub
mitted to the Board of Commissioners a
motion. which was carried, that the At
torney for the District be requested to
advise the Commissioners relative to the
requirement in the Building Regulations
that the Inspector OF Buildings shall give
q bond. The Board is engaged in the re-
vision of the Building Regulations, and
this question was met in considering the
section providing for the giving Of bond
by the Inspector OF Buildings. The motion
requested an opinion upon the point
whether the Commissioners were warrant
cd by the general power given them by
the act Of June i, 1873, Ito make and en-
force such building regulations for the
District Of Columbia as they may deem
advisable"
Ar. DUvaU, in passing upon the ques-
ton. takes the ground that the Commits
sioners have the right to make and en-
force such a regulation. He calls atten-
Tion to section ? of the Building Regula-
tions, which provides:
That the Inspector of Buildings before
entering upon the duties Of his Office shall
execute bond TO the District of Colum-
bia, in the sum Of $1,000, with three sure
ties. conditional upon the faithful per-
f9rmance OF the duties Of his Office, which
bond shall be for the benefit Of all par
ties aggrieved by his acts or neglect. and
shall be filed with his oath"
i am unable TO see says the Attor-
ney, how such a provision can be con
sidered a building regulation. 1t does not
relate generically TO the subject-matteT
of such regulation. By the act Of Con-
gress providing a permanent form Of gov
ernment for the District of Columbia, APP
proved June II, 1913, the Commissioners
are authorized, among other things, to
make appointments TO any Office under
them authorized by Law. The authority,
in my judgment, implies the right and
power Of the Commissioners to make such
with the appointment OF officers as VIII
best ensure the proper performance OF
their duties.
The District of Columbia is q muni-
cipal corporal tiOn, Of which the COmmis-
SiODers are The executive officers, ana
an Of the opinion that II, in the Jucg-
meut OF the Commissioners, il. is a rea-
s0nabie requirement that the Inspector Oi
Buildings should execute a bond Cor the
faithful performance OF his duties, they
may require such bond
Andrew 3. Duvan. the Attorney for tbs
District, has submitted TO the Commits
Eioners an opinion upon the cOnmuniea'
tien Of . &. Lancaster relative to JhC
LAYING Of a drain on his property OF
Brightwood Avenue, between Ontario and
Quiunebaugh Streets, Brightwood- Mr
Lancaster IN Lis letter TO the Commis
eiouers requested a drain to be laid from
the culvert in the gutter in front Of hE
property TO the rear OF the lot n ordel
70 carry on the surface water IN hi
opinion Mr.. DUvalI said:
1t is claimed that the District has con
structed d culyert in the gutter in from
OF this property which throws the watel
thereon. The assistant engineer reports
that the natural outlet for the water j.
tended TO this section, he does not see
how the water can be diverted. and tha
no damage to the land can be observed
and none is admitted.
AS / understand the case under con
sidcration, the surface water has not beer
diverted and cast upon this land in am
-sftfru "a 4fn TfE