Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-16
LIFE TENANTS STATUS
OPINION REGARDING WATER
MAINS AND SEWERS.
Corporation Counsel Says Life Occupant
Of Property is Held to
Be Owner.

| Iii EOHHcCtloH Will Tic uiISuily
countered by the health department in
| endeavoring to require Mrs. Catherine Rob-
inson life tenant Of 215 Pomeroy street, to
| make sewer and water main connections
with her holding as fixed by law, the cor
poration counsel forwarded to the Com
| missioners this morning opinion that a
| life tenant, in respect to the law requiring
water main and sewer connections at least,
is the owner of the property. The question
of life tenants status as to the owner
| ship of property Is one that has bothered
| the various officials of the District for
long time past 1t is stated, and 1t was to
| determine the question finally that the
matter was referred to the corporation
counsel. His opinion, received this morn
| ing, follows:
Counsel for the life tenant claims that
his client is not the owner of the property
within the meaning of the statute, and
| claims that the remainderman should be
Joined in the notice to make the required
connection.
Provision Of the Statute.
THE statute provides:
Section /. That each original lot or SUBJ
divisional lot situated on any street in the
District Of Columbia where there is a pup
lie sewer shall be connected with said
sewer in such manner that any and all OF
the drainage of such lot. whether water or
LIQUID refuse of any kind, except human
urine and focal matter. shall flow into said
sewer: and II such original or subdivisional
| lot is situated on any street in the District
| OF Columbia where there is a public sewer
| and water main. such original lot or subd.
visional lot shall be connected with said
sewer and also with said water main in
| such manner that any and all Of the drain
age of such lot. whether water or liquid
refuse OF any kind, shall flow into said
| sewer. Provided. That the connections re-
| quired to be made by this act shall be
| made under the following conditions: When
| there is on any such lot subdivisionai lot
| aforesaid any building used intended TO
be used as a dwelling, or in which persons
| are employed or Intended to be employed
| in any manufacture. trade or business, or
| any stable. shed. pen. or place where COWS,
| horses. mules other animals kept.
| then. and in that instance, such original
| lot or subdvisonal lot shall be connected
! with public sewer and water man or with
| public sewer as may be required with
| this act: and whenever there Is no such
| building, stable shed, pen. or place. as
| aforesaid, on such original lot or subdi-
| visional lot. then such lot shall be REQUIRED
| to be connected with a public sewer only
| when it has been certified by the health
| officer of said District that such connection
| Is necessary to public health.
Section g That it shall be the duty OF
the Commissioners of the District of Column
bia to notify the owner or owners of every
| lot required by this act to be connected
| with a public sewer or water main, as the
case may be, to 80 connect said lot, the
work to be done in accordance with the
| regulations governing plumbing and house
| drainage in said District.
Section 8. That If the owner or owners
Of any such lot refuse or neglect to make
| such connections are required by this
act within thirty days after the receipt OF
such notice, such owner or owners shall be
| deemed guilty of misdemeanor, and shall,
on conviction in the Police Court OF said
District, be punished by fine of not less
than 81 nor more than $ for each day he,
she or they fail or neglect to make such
connections.
Scope of Obligation.
''These provisions seem to indicate that
the obligation of the statute is personal in
its nature in the present case (be!ng q
resident life tenanD, hence the words
owner or owners attach to the person who
has the control. usufruct or occupation OF
the property. AS I read the statute 1t does
not undertake to use terms indicative OF
any intent to hold a person who Is not in
| control Of the property. nor would diff
ferent construction be compatible with pub
lie convenience. do not think that the
object of the law Is to enter Into the vari-
GUS subdivisions and qualified interests that
may be carved out of fee simple title In
order to fax responsibility for the abate-
ment OF the nuisance.
illustrations may be found IN cases OF
taxation generally and in this District in
particular to determine the meaning Of the
I word owner, for in such cases the law
does not regard the different interests In
the assessment Of real estate from taxa
ton 1t cannot be denied that the tenant
for life must pay general taxes, and the
subject matter here is not such public
Improvement or betterment as should re-
lieve such tenant.
Il am of opinion that the life tenant is
the owner within the statute, and the
proper person to be proceeded against for
Noncompliance with its terms"