Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-30
TO ABATE NUISANCES
COMMISSIONERS BILL TO BE RE-
PORTED TO THE HOUSE.
It is Designed to Reach Non-Residents
Who Neglect the Care Of Their
Property Here.

Representative bdpCOCk, VI tiiC
House District committee, has drafted
report from the committee with regard to
the pending bill for the abatement of
nuisances in the District of Columbia. The
bill is, designed to reach an evil that has
given the local authorities much trouble
and the residents of many neighborhoods
concern as to their health. In certain
cases of property owned by non-residents
the Commissioners have been unable to
compel the abatement of nuisances in the
way of stagnant water and defective drain
age. Chairman Babcock urges the passage
of the bill and presents a strong argument
IN its favor. The report states:
I'm the enforcement of the laws and reg
ulations enacted and promulgated for the
protection of life and health In the District
of Columbia it is necessary for the Conn
missioners of the District, through their
proper officers, to proceed In many cases
against the owners of the property In
volved. The general procedure In cases OF
this kind is by service of notice, followed
by prosecution in the Police Court If neces-
sary In view of the fact that offenses IN
cases of this character are merely mtsde-
meanors and are punishable only in the
courts in the District of Columbia, such
process is not applicable unless the owner
of the property is within that Jurisdiction
Moreover, the process Is criminal In Its
nature, the defendant must in every case be
brought into court, so that persons who are
by reason of old age, injury or disease In
such condition that attendance in court is
impossible are beyond the reach Of the law.
Punishment, but Not Abatement.
Even where the responsible person is
within the Jurisdiction and can be taken
into court, the result Is punishment and not
necessarily the abatement Of the nuisance.
An obstinate property owner or one who
owns a small parcel Of real estate, but is
IT. - ~ hfyyo-
self and his family and abate the nuisance,
may either pay the fine which Is melted out
or go to Jail and allow the nuisance to re-
main unabated. 1t might be stated with
reference to owners of small parcels of real
estate that they themselves might obtain
money SO as to abate the nuisances for
which they are responsible by borrowing
money on their property; but in such cases
the cost of obtaining the loan and the time
necessary for that purpose seriously inter-
fere with the practicability Of such action.
at may be suggested that provision be
made for the batement of such nuisanceS
by criminal process against agents for the
property, but such action is deemed mad
visable, because in some cases there are no
local agents and in others the owners, for
reasons best known to themselves, elect to
confer upon their agents only a limited
authority; for instance, authority to collect
and transmit rents, but not to make re-
pairs. In the latter class of cases the pro-
priety of holding an agent responsible for
the performance of that which. under his
contract with his principal, he has not au-
thority to do is open to question. There are
therefore a number of circumstances under
which nuiSanceS and conditions dangerous
to life and to health may exist in the Dis
trict and yet the Commissioners and their
subordinates may be unable to secure their
abatement.
A Board Of Health Regulation.
There is, 1t is true, among the regula-
tions Of the late board of health which
have been legalized by Congress one which
on it's face might be regarded as apparent
ly sufficient to accomplish that result in
certain cases:
"'Section 20. That 1t shall be the duty Of
the health officer appointed by this board,
upon receiving information or obtaining
knowledge of the existence of anything or
things herein declared to be nuisances
anything or things which may hereafter
be declared to be nuisance by any ordi-
nance or resolution enacted or adopted by
this board, to notify the person or persons
committing, creating, keeping or maintain
Ing the same TO remove, or cause to be re-
moved. the same within twenty-four hours,
or such other reasonable time as may be
determined by this board, after such notice
be duly given; and If the same be not re-
moved by such person or persons within the
time prescribed in said notice, 1t shall be
the duty of the health officer aforesaid to
remove, or cause to be removed, such nui-
Sdnce or nu1SanceS, and all costs and eX-
penses of such removal shall be paid by
the persons committing creating, keeping
or maintaining such nuisance or nuisances;
and If the said costs and expenses thus ac-
cruing shall not be paid within ten days
after such removal by said health officer
the same shall be collected from the person
or persons committing, creating, keeping or
maintaining such nuisances by suit at law
1t will be noted, however, that the prime
requisite for action under this ordinance
Is that the person or persons responsible
Tor the nuisance shall be notified to abate
the same. Where, as is not infrequently
the case, the owner Is a nonresident and
his whereabouts cannot be ascertained,
service of notice is impossible, and there
fore the regulation is without effect More
over, the method Of collecting the cost of
abatement of any nuisance under this sec
ton does not sufficiently protect the inter-