Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-14
DISTRICT TO APPEAL
REVIEW OF DECISION UNDER
SNOW AND ICE LAW.
Commissioners Considering Applica-
ton for Writ Of Certiorari Carrying
Case to Highest Court.

From information obtained from a rella-
BILE source this afternoon 1t Is believed thae
the District authorities intend shortly TO
petition the Supreme Court of the United
States for a writ of certiorari, bringing up
from the Court of Appeals of the District
the records in the case of F. B. Mcclure
against the District OF Columbia. involving
the validity of the SNOW and ice law. for
the purpose of having the Supreme Court
review the decision of the Court OF APP
peals which recently declared the snow and
ice law unconstitutional.
1t is understood that the petition for the
writ of certiorari will be based upon the de-
cision of the Court of Appeals declaring
the law invalid, that it will also set forth
the Importance of the case to the District
and the great inconvenience that will be
caused the District by reason OF the court
decision in the event it is considered as
final.
Commissioners West and Mcfarland had
not returned to their offices from their trip
to Cape May late this afternoon, and their
verification of The Stars information In
this matter could not be obtained. 1t Is
understood. however, that the Commission
ers and other officials of the District par
ticularly interested in the snow and Ice
law, have been considering the ACCESSIBILITY
Of asking the Supreme Court to review the
case for the past few weeks.
termined upon, yet 1t is considered as high
ly probable that proper proceedings Will
shortly be commenced to obtain review
of the Court of Appeals
Cancellation of Assessments.
The question has also been raised as to
the authority of the Commissioners to can
Gel the assessments made against property
Under the snow and ice law. and also as
to their authority to refund the assess
ments paid to the collector Of taxes. and the
fines paid in the Police Court under that
law Several days ago the Commissioners.
in view of the decision of the Court OF
Appeals. directed the assessor to cancer al
unpaid assessments against properly maoe
under provisions of the snow and Ice law
Several applications for refund OF assess
mentS paid have been presented 10 the Dls-
trict authorities. These applications are
still before the District auditor for report
and recommendation.
1t is stated that the courts In large
number of cases have held that money
paid voluntarily under a law subsequently
declared invalid cannot be refunded.
1t is conceded that erroneous payments
can be refunded, but 1t Is presumed that
every person is cognizant or the law, anu
it is stated. a payment made under an III
valid law is not considered as mistake OF
fact but a mistake of law, and therefore
the person making the payment Is not en-
titled to refund.
In the case of fines paid in the Police
Court to avoid Imprisonment. 1t Is stated.
the money might possibly be refunded, but
money paid as assessment against the
property, it SHIELD, cannot be returned es-
pecially in the absence Of an order OF the
court directing the return Of the money.
The authority of the Commissioners
either to order the cancellation of assess
ments or to order the refund of assess
ments or fines paid. in the absence Of an
order of the court directing the same, is
also questioned.