The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-29

1 mlSSloDers an opinion upon House bill
/ 1Z,o5i ana Senate bill 5056. to amend the
act entitled An ait conferring upon the
supreme Court Of the District of CcIurn-
Ola jurisdiction TO take proof of the ex-
/ ecution O. Wills ala tor ether purposes. "
approved June {. 1883.
Inc Attorney states that the House
Dill proposes to amend the act in question
( by adding thereto three new sections.
ana ne says the Senate bill is identical
win II, except that it proposes to add
only two Of the sections included in the
House bill The Attorney informs the
commissioners that the sections under
consideration, and which are common to
! both bills supply a casus omissU5 in the
! original act. and provide for the publica-
! uon OF notice OF the probate Of a will,
where The next Of kin or heirs at law Of
/ the deceased are unknown, and their
names unknown.
After suggesting several verbal changes
! IN the wording of these sections, Mr. Du-
/ vail calls attention to the additional sec
tion of the House bill which he says.
! IS designed to protect an executor who in
gooc faith distributes an estate. with The
approval OF the court without knowledge
Of any inyalidity of will which there
after may be held invalid The AJtOr-
ney states that he is not certain that an
SAECulti uAueT SuCu CONDITIONS would LG
! protected under existing law He thinks
he would be so far as payment OF claims
against the estate are concerned, but he
inclines TO the opinion that ne is not pro
tected as against the distributes. Mr.
DuvaN states that he has been shown no
ad1udicated case so holding, and he thinks
that 1t may be proper to give this pro-
lection under such circumstances
The Commissioners were in conference
with the subcommittee of the Senate Ap-
preparations Committee for several hours
today, having the District bill under con-
sideration. 1t is understood that the
amendments to the bill and the reductions
from the estimates of the Commissioners
Incorporated in its passage through the
House were discussed. The Commission
eTs IN making up their estimates fer the
several departments Of the municipal gov
ernment included only such amounts as
Seemed TO them necessary for the proper
conduct Of the public business. In soma
instances the House reduced the amounts
from these estimates. and il is under
stood that the Commissioners are desirous
Of restoring the appropriations as nearly
as possible to the estimates in the passage
OF the bill through the Senate.
The conference today was directed main
ly TO consideration Of the needs Of the
/ District IN a general way, and the appro-
OF the departments which were under dis
cussion.
The Attorney for the District has sub
mitted to the Commissioners his opinion
upon the application of Nathaniel Mckay
for the renewal of the permit issued Sep
tember l, 1900, to construct conduit from
the Dewey Hotel 10 premises 1908 Thir-
teenth Street along Stanton Alley. The
Attorney calls the attention Of the Com
nlissioners to the fact that the Court of
Appeals in the caee of the Dewey Hotel
Company rs. United States Electric Light
ing Company on January S, 1891 reversed
the decree Of the Supreme Court Of the
District of Columbia. granting an injunc-
tion, and directed a dismissal Of the bill
Of complaint He says the court held that
the Electric Lighting Company had no
such inteFest in the subject as entitled
IL TO maintain a bin Of injunction.
&r. Duvai informs the Commissioners
that the decree appealed from did not
profess TO cancel the permit issued by the
Commissioners Continuing, the Attorney
says;
Il am of the opinion that the Commis-
sioners would be authorized to extend the
time for the construction of the conduit
Vder he original permit