Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-19
lNSANITaFY HOUSES
Mr.. Henry !. Davis Objects
to Pending Bills.
FAV0RS LEGAL ACTION
COURT TRIAL TO GUARD RIGHTS
OF CITIZENS.
Claims Private Homes Hay BE Invaded
Under Terms Of Proposed
Legislation.

before the Senate committee on the District
| of Columbia at its, regular meeting next
| Friday is that which provides for the de-
struction Of fnsanftary houses.
| The Commissioners, the board of charities
and various local associations are inter-
ested In the passage of some efficient meas
ure that will do away with the shacks that
exist In the alleys Of this city Last week
| the District committee. through sub
| committee consisting Of Senators Stewart
| and Mallory, held a hearing, at which there
| was a representative gathering of citizens
Of the District, a report Of which was pub
lished In The Star at the time.
| Among those who appeared against the
| bill was Mr.. Henry E. Davis. He spoke
briefly, but has since filed with the sub
| committee statement Of his views.
Powers Given Commissioners.
Referring to House bill 62s9, "for the
abatement of nusances,'' Mr.. Davis says:
I'm the form in which 1t passed the House
| it provided that the Commissioners and all
/ other persons acting under their authority
or by their direction might enter any prem
! ises during all reasonable hours to inspect
the same and to do whatever might be
necessary to correct any condition existing
or arising in violation of law or any lawful
regulation, with the correction of which
condition the owner of such premises may
| by law or such regulation be chargeable.
1T further provided that If, after notice
to be given In prescribed way, the owner
of the premises should fail to correct the
condition mentioned. or to show cause suf-
fcient in the judgment of the Commission
ers why he should not do SO, the Commits
SiOners might cause such conditions to De
corrected assess the cost Of SO doing and
all expenses incident thereto as a tax
against the property on which such condf-
ton existed, and collect such tax in the
same manner as general taxes IN the DIS
trict are collected.
THAT such a bill should pass either
branch Of Congress cannot strike any rea-
sonable mind as otherwise than shocking.
Should this bill become a law 1t would, hrst-
authorize the Commissioners or their
agents, without any notice whatever be-
forehand, to enter the premises OF any citi-
zen, and then invest the Commissioners
with the judicial power OF adJudSlns
citizen guilty of violation Of law. and au-
thorize them to execute their Judgment
against him forcbly, and, If need De- vio-
lentIy making a further entry upon the
premises and destroying and reconstruct.
ing as much thereof as in their Judgment
proper.
..This bill as it passed the House Is now
before the Senate committee on the District
of Columbia, in which committee 1t has
been referred to subcommittee ana re-
ported back to the committee, with the
recommendation that the House bill be put
aside and, in its stead, a bill be enacted, the
essential provisions of which are that the
inspector of buildings or any one OF MS
assistants may enter any building In the
District to examine into its sanitary eondi-
ton and safety whenever they are or opin-
ion that such examination Is necessary.
They are to report the result OF tne
examination to the corporation counsel,
who shall thereupon cause notice to De
served upon the persons complained or,
whoever they may be, for violating the
provisions of the acts Of Congress or the
regulations Of the. Commissioners of the
District of Columbia made IN pursuance
thereof as in the bill provided; and II the
alleged evils are not remedied within ten
days after such notice the corporation
counsel shall proceed against such persons
in the Police Court.
ut is also provided that where the own
ers of property occupied as habitations al
low their buildings to be or to remain in
condition prohibited by law or the regula-
tions of the Commissioners. passed in pur-
suance thereof, to file petition In equity
against such persons in the Supreme Court
of the District of Columbia, in addition to
the criminal proceedings provided for, on
which petition in equity the court may issue
a preliminary Injunction restraining the use
or occupation of the building. and may on
final hearing make such Injunction per-
petual.
Specific Authority.
"The Commissioners may also prohibit, by
regulation, the occupation of any building
or room which is not in safe and sani-
tary condition and suitable for habitation,'
the Commissioners from time to time, by
regulations duly published, to prescribe the
conditions necessary for a room or dwelling
to render it fit for habitation; that no room
In any dwelling house shall be occupied, and
no dwelling house so overcrowded, as to
nj hf,
feet or air to each individual occupying the
same; and that any person violating or
aiding or abetting in violating, any provis-
ions of the bill shall, upon conviction in the
Police Court be fined not more than S1OO or
imprisoned for not more than ninety DAYS
each day during the continuance of the al
iesed onense to constitute separate and
distinct offense.
If this substitute for the House bill shall
become law, the inspector Of buildings. or
any one OF his assistants may at any time
oI nus own prompting, and in the absence
or any and all complaints, enter any dwell
ing in the District for the mere purpose of
nnding out WHETHER in the opinion of the
inspector or assistant, the dwelling is in
suen CONDITION as to meet that prescribed
D. the commissioners constituting "a
sa1e and sanitary condition and making the
dwelling suitable for habitation.
Without Trial
Without any trial or other judicial as
certainment. whether such dwelling in fact
be In a safe and sanitary condition and
suitable for habitationy1 the owner may be
brought before the Supreme Court of the
District of Columbia BY bill in equity and.
thu ough the instrumentality of prelimina-
ry, Injunction. be. Immediately elected.
either In his own person, or In that of his
tel ant, and kept elected during the PEN
dency OF the cause, without any provision
being made to compepSate either owner or
tenant in case that the court should on final
hearing decide that the preliminary in
junction was impfpperIy sued out, or i'm
providently granted The bill itself does
not undertake. in any sense or to any degree
to define what constitutes safe and sani-
tary condition. or a condition suitable for
habitation. leaving thar very important. ex-
ceedingly difficult and extremely danger
GUS authority to the Commissioners, there
by. in the ciearest manner possible involv-
ing delegation to the Commissioners Of q
After further commenting on House bill
$685. which passed the House February 1.
1904 Mr.. Davis says:
Arbitrary Entry by Board.
'As in the case OF House bill 62S9. the
provisions Of this bill propose to authorizes
the arbitrary entry by the proposed board.
or any ono acting under It. into any build