Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-06

collection Of taxes is undertaken. For the
year le6, Tor instance when the aggregate
600. only 5000 remains unpaid. In the
administration OF the law II has been found
j tnae taxpayers almost universally accept
the opportunity to make one payment In
Der being only $158, 900. Although the work
OF the office has been nearly doubled IN
the past six years, with consequent addi-
srs and live Sons
has been no increase in the salaries, nor.
| indeed. have the salaries been restored to
the figures which obtained before the re-
approved June 20. 1874. In this respect the
ONCE stands alone; and while the Commits
| sioners. in view Of the great demands now
made upon the District treasury, have re-
Trained from recommending all the in
creases asked by the collector, they
believe that the salary of the deputy col
lector should be made more nearly pro-
portionate to the duties and responsibilities
| Of his position.
Corporation Counsel.
The work Of the corporation counsers Of
| flee has greatly increased during the year.
no less than 1888 written opinions having
been rendered at the request of the Com
missioners. while 21O written communica-
tons were sent to interested parties rela-
tive to pending municipal matters and suits.
NUMBER OF suits Instituted by and against
the District of Columbia, some of them in
Volv1ng questions of vital Importance to the
community. One of these suits, dealing
with the validity of the snow and ice law,
| is mentioned elsewhere in this report An
other suit, decided in the lower court in
1avor of the District and now pending be-
Tor the court of appeals. is a bill for an In
junction to prevent the payment of any
money of the District of Columbia on ac-
count OF the erection of the new union sta
ton according to the act of Congress Ap-
proved February 2S, 1908. providing for the
erection of union railroad station in the
District of Columbia. The bill claimed that
the payment of the moneys appropriated by
Congress for this purpose was an unconstt-
tutional collection and disbursement Of di.
rect taxes against the citizens of the Dis
trict for a Federal or private use and.
therefore, that the act was unconstitu-
tional, null and void.
The Commissioners take pleasure In not
ing that the proceedings Instituted in the
Supreme Court of the United States to
overturn the smoke law were unsuccess-
full.
The Snow and Ice Law.
Legislation enacted by Congress for the
purpose of insuring the prompt removal OF
snow and ice from the sidewalks Of the city
was taken into the courts upon test case,
decision being rendered by the court of
appeals that the law was null and void.
tutional because this class of legislation is
undoubtedly an attempt on the part OF the
municipality to shift to the shoulders Of ms
dividual citizens the burden which Is pri-
mari1y incumbent upon itself to bear, name
ly, that Of keeping the streets and thor
oughfares in proper condition for the pur-
pose for which they are intended"
In the opinion Of the court, this duty
municipality. After emphasizing the in
equality of the law in that it imposed PEN
alties upon private citizens for failure to
remove snow and ice which were not visited
upon the Commissioners, under whose jurts-
diction are the pavements in front of Dis
trict buildings and reservations, the court
further pointed out the lack of any provi-
sion or requirement OF the law for the re-
moval Of snow and Ice from sidewalks ad-
Jacent to improved property that happened
to be vacant or unimproved at the time,
and said that this class of property and
owners escaped all liability under the act.
This exemption or omission was said to be
fatal without other defects.
The court further held that the most glar-
ing "infirmity'' of the act was its sharp
discrimination between the tenants and &C.
cupants of improved property; that there is
no provision in the law requiring the Com
missioners to perform the work If the ten-
ant or occupant Of improved property fails
to remove the snow and ice; that here
again is gross inequality as well as utter
failure to subserve the purpose of the law,
for the Intervention of the Commissioners
Is as necessary in the one case as the
other" In conclusion, the court asserted
that the primary requisite of all such legis-
lation is that it should be uniform and that
1t should be capable of universal enforce
ment and therefore, because Of the in
equality and unjust discrimination in the
act between citizens similarly situated. 1t
held the act Of Congress to be void.
This decision deprives the District of CO.
lumbia of any provision of law whereby the
cleaning of snow and ice from the side
walks can be required. To undertake the
work as a matter of municipal duty will re-
quire an appropriation of at least 100000,
and 1t is doubtful whether this sum would
prove sufficient There are in the District
of Columbia about 500 miles of sidewalks,
and this area must be cleaned In its en-
tirety If the Commissioners are to escape
the charge of discriminating in favor of
taxpayers who live upon certain streets.
The work can, of course, be done IL the
money is provided, although it may be diff
cult to obtain large force Of laborers at
present the matter to Congress. inasmuch
as that body must determine whether the
necessary funds are to be provided for this
new form of municipal care.
Legislation as to Lunacy Gases.
During the year there were 1913 lunacy
cases instituted and tried upon petition Of
the Commissioners. an increase of eighty
three over the year previous. and an aver
age of more than one day.
On April q, 1904, Congress passed its act
ito authorize the apprehension and deten-
ton of insane persons in the District of
Columbia, and providing for their tempo
rary commitment in the Government Hos
pital for the Insane etc. This very i'm
portant law has worked efficiently; it's pro-
visions have supplied desirable system for
dealing with this subject.
Since March 8, 1903. proceedings for the
formal determination of the mental condi- |
ton of a person upon petition by the Com
missioners have been by a marshafs jury |
without judge presiding Experience since |
this procedure has been in operation strong |
ly suggests that one of the justices of the |
Supreme Court of the District of Columbia |
should preside at these hearings in order to |
preserve order and decorum and to rule on |
questions of law arising as to the admis- |
sibiity of evidence and involving the rights |
of personal liberty. The Commissioners |
will, therefore, during the approaching ses- |
sion Of Congress- urge change in the law |
relating to lunacy proceedings. Grave |
doubts exist as to the sufficiency Of the |
present system. and should any judge de-
clare it to be imperfect the municipal and
police authorities would be greatly embar- |
raised.
Another suggested reform in connection |
with lunacy proceedings, and to accomplish |
which the Commissioners will ask approprl- |
ate legislation, is that after person has |
been sent to the asylum and RECEIVERS his |
reason and is discharged as cured the rec !
1-~I-f- A.