Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-25
DISTRICTS LAWOFF|CE
Corporation Counsel Submits
His Annual Report.
REVIEW OF The YEAR
REFERENCE TO ALLEGED DEFAL-
CATION OF JAMES WATSON.
Need Of Legislation in Matter Of Ana
costa Flats-Sale of Liquor
to Minors.
REVIEW OF The YEAR

Mr. A. Z. Duvall the corporation coun-
sci, today submitted to the Comm: ssioners
iiis annual report of the work in the law
department of the District government.
The report Is long one, reviewing all the
District of Columbia cases tried during the
wear in the various courts, ranging from
actions before justices of the peace to final
hearings before the Supreme Court of the
United States Mr.. Duvall also makes a
number of recommends tons for what he
considers needed legislation. He says:
There were $40 written opinions by the
corporation counsel at the request of the
commissioners and $50 written communica-
lions to interested parties relative to pend
ing municipal matters and suits Oral
opinions have been rendered in numerous
submitted by various District Off
rials concerning matters of current bust
ness arising In the administration OF their
respective departments.
Numerous contracts and leases and
bonds to secure performance of contracts
have been examined and certified as to cor
rectness and sufficiency of form. There
was notable increase in the number of
tax deeds. nearly 800 having been prepai ed
in this office. There were twenty
equity cases. twenty-seven law cases. six
justice of the peace cases instituted during
the year. and twenty-one cases carried TO
The Court of Appeals.
The act of Congress approved July /.
1902, for the taxation of personal property
IN the District of Columbia has presen ted
numerous questions respecting taxation. ex-
emptions and licenses. Insurance matters
submitted to this Office for opinions have
been Voluminous. An assistant has attend
ed many of tho hearings given by the de-
partment of insurance, and large part of
his time has been occupied by this depart
ment alone. The organization. Of the new
municipal departments, such as the ins',-
aRce department and personal tax board.
mas added materially to the steadily in
creasing volume of work of this office.
The Lunacy Proceedings.
There were 900 lunacy cases instituted by
or on behalf of the Commissioners. BY
provision in the urgency deficiency bill ap-
proved March 8. 1903. the old law in force
January 80. 1899. regulating the conduct of
lunacy cases was reinstated. This law pre-
serves to the alleged lunatic the right to be
tried by jury and likewise materially de-
creases the expenditures of tine former ex-
travagant proceedings. In former reports
have called attention to the desirability of
repeating the cumbrous and expensive pro-
ceedings for the commitment Of INDECENT
and dangerous insane persons; in the mat
ter OF expense alone my estimate is that
the change will effectuate a saving of at
least 5000.
The termination of the Potomac river flats
litigation United States against Morris ct
al. has enabled the Commissioners to obtain
the possession and control of the entire
wharf property on the southwestern front
OF the Potomac river. except the water
'front.' or the arsenal grounds and the flush
ing reservoir. and they have been thus en-
abled to lease the same, as was cOntem-
plated by the act of Congress, approved
March 3. 1899. relative to the control of
wharf property. etc. The act of Congress
of August s. 1856 under which the case of
United States against of In
Sttuted, did not embrace the water front of
the Eastern branch of the Potomac or Ana
costa river While the condition of the
Eastern branch water front is not Identical
ii involves many similar questions of adj
verse and conflicting private claims of right
and title to the wharf property which can
only be determined by some such proceed
ing III the name and behalf Of the United
States. Congress by act of July 1. 1902. ap-
propriated for survey and outline map of
the land owned by the United States within
the flats of the Annacostia river. and d.
rected the Attorney General to examine and
report upon the nature of the title to such
land; ii is extremely probable that this
congressional action indicates a purpose to
proceed at an early day with the very much
needed reclamation of AnacoStia flats, and
the determination of the many important
questions involved in the long continued
private occupation of wharveS and wharf
ing property apparently belonging to the
public. In the interest of all parties con-
cerned / think the Commissioners should
urge that the titles and rights of occupants
nf the Anacostia river water front and the
title and rights of the public there should
tie authoritatively settled at the earliest
practicable day.
Legislation for James Creek Canal.
James Creek canal emptying into the
Eastern branch Of the Potomac river imme-
diately south of the Capitol grounds, has
been frequently called to the attention of
Congress with view of obtaining legiSla-
ton to remedy the existing conditions This
canal which Is an open tidewater sewer.
has been continuously. for many years,
menace TO the public health, as we'll as a
source of danger 10 life. Almost annually
there have been cases of death by acct
dental drowning on account of its want of
protection: two actions for damages against
the District because of such drowning are
now pending. The public spaces bordering
the canal being parts of the adjoining and
intersecting streets and avenues were oc-
Cupied for business purposes by persons
who. in some cases. refused TO pay any rent
or to recognize any municipal control. By
its act OF July l. 1902 Congress appropriat-
ed $1,000 to enable the Commissioners to
fence the canal. and by the same act the
Commissioners were authorized to lease for
commercial purposes the public space Dor
dering on the canal for periods not exceed
ing one year. Acting under this authority,
the Commissioners acquired possession of
the land. all persons in occupation volun-
tarily attorning TO them and entering into
leases, except "a w hiiltI, WHo was eNlCtcu
under a Judgment rendered in landlord
and tenant proceeding before l.. l. O'Neal,
Justice OF the peace, eisew here referred TO in
this report. This long delayed legislation
respecting the James Creek canal appears
10 have been effective.
Watson's Alleged Defalcation.
Mr.. Duvall makes reference to the alleged
defalcation of James NJ. A. Watson by CIV
ing an account OF the civil proceedings en-
tered against the former clerk in the audi
Tors office. 1t was the only civil suit
brought by the District during the year
and was filed against Watson June ID,
1903. claiming SlO.ls2. Mr.. Duvall says:
The defendant was clerk in the office
of the auditor of the District. He was