The Washington times., 1902-05-12
A Case of Unusual Inter-
est in the Local
Police Court.
PERSONAL BOND OF TENANT
Health Officer Woodward Tells of He
cessity for a Law That Will Reach
Property Owners Who Are frequently
Non-Residents.

On Saturday a case of more than usual
| lating. as 1t did. to the responsibility oil
! tenants in abating nuisances caused by
defective plumbing. The case was brought
into court by the Health Department, and
the defendant was a negro woman who
kept the house. which sheltered family
OF six persons. 4 20
Inspector Shepherd, Of the Health De-
partment. stated upon the stand that the
water closet in the house HAD Hbeen out
of repair for four months, that 1t was a
menace to the inmates of the house and
OF those adjoining. He stated that the
tenant had been notified In the regular
way to repair the plumbing. and that the
agent of the house had seen similarly no.
tilted. The necessary repairs not having
been made. Inspector Shepherd stated. the
department had sworn out warrant
against the tenant and had brought her
into court.
Tenant Worthy Woman.
Inspector Shepherd stated that the ten
ant was worthy and Industrious woman,
and that he was convinced she had made
every effort 10 have the repairs made.
but that owing to the peculiar wording of
the law the department had no discretion
other than to bring her into court the
owner of the premises being nonresident.
The tenant was placed on the stand
and testified that the plumbing had been
out of repair ever since the hard freeze
last February; that she had notified the
agent by letter and by verbal message
through her daughter. She stated that a |
man had been sent to the house to ex-
anime the work, but that besides max |
ing an effort to clean out the pipes by !
flushing nothing had been done. The |
plumber had stated to the tenant that |
he would report to the agent. The evil |
icnce showed that the family was not at |
'ault in the matter. and Justice Scott took
he personal bond OF the tenant, advis-
ng her to see the agent Immediately, and
INSIST upon having the repairs made, and
( they were not made to leave the house.
The Law Inadequate.
Justice Scott then addressed the prose-
;uting attorney, Mr.. James Pugh. asking
lin why an effort had not been made to
hange the law in cases such as this SO
hat the court could hold the agent or
representative of the owner responsible
instead of the tenant. Justice Scott de-
Jared that il was a hardship to bring
'oor and Industrious people into court to
nswer to charges for which they were
n no wise guilty. He said 1t was evil
ent that the owner or the agent was
he culpable party in this case.
Mr.. Pugh informed the court that law
ad been recommended to Congress for
nactment calculated totover such cases.
Later in the day DR.. Woodward was seen
y a Times reporter in reference to the
latter, and explained the conditions un-
er which arrests In such cases are made.
lie stated that when the inspectors of ,
ne department found defective plumbing
houses from which nuisances devel-
ped the law required the health officer /
notify the tenant and owner of the Z
remises of the defect and to order that I
lie necessary repairs be made. In case
lie owner could not be found or was
nown to be non resident, the agent was
otihed. IL repairs were not made war !
Ints were sworn out against the tenant,
lie owner. or both, according to circum-
ances and the court had discretion to I
Did either or both responsible for the
pairs. a
DR.. Woodward stated that IN cases
here the owners were nonresident they
'uld not be reached. and the law does
IT give authority to bring the agent into a
'urt. He stated. however. that law u
Is been proposed giving the Health De-
authority to enter upon the
emises OF non-residents to make the p
'cessary repairs, and to assess the h
mount OF costs against the property. fl
An Exceptional Case.
DIR. Woodward stated that the case re- u u
rred to was somewhat exceptional. He ~
Id that in the majority of such cases ID
would be shown in court that the ten y
It was clearly responsible for stopping e
the pipes by placing old rags or other
nilar materials in them. He said that II
was matter of very common complaint =,
long the agents who rent the cheaper r
uses that they are put to great ex- ii
nse TO keep the plumbing in repair ow- al
TO the carelessness and Ignorance of az
eir tenants. DIR. Woodward said the de- ID
rtment had been importuned time and
ne again, as had the building depart
mt. to allow the erection of small
uses without bath tubs and closets in al
I'm, as they were invariably the source -,
greatest cost TO the owners or agents '"
ing the line of repairs. He thought 10
II the law, generally speaking. hit the Ju
ht person when II authorized the ar sc
It OF the tenant. He said further that
n the authority granted in the law now on
,ding. enabling the department to pro- ca
"a against the property of the nom th
ldent owner. the bringing OF innocent ho