Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-07
WORK. OF LAW OFFICER
CORPORATION COUNSEL DUvALL'S
ANNUAL REPORT.
Volume of Business on the Increase
Opinions at Request of Dis
trict Commissioners.

Corporation Counsel A. B. Duvall today
submitted to the Commissioners his annual
report of the operations of his Office during
the fiscal year ended June 30. last In
his report Mr. Duvall reviews the work OF,
the office for the past year and declares
that the volume of business Is rapidly In
creasing He recommends the enactment
of additional legislation relating to lunacy
proceedings and other matters of interest
to the District.
Mr.. Duvall mentions that during the year
the corporation counsel. wrote 1888 opinions
at the request of the Commissioners, and
21O opinions to interested parties relative
to pending municipal matters and suits.
During the year there were II law cases,
5 equity cases, 5 justice of the peace cases,
3 administration cases. 16 cases instituted
to open public alleys and streets, IA cases
argued and submitted in the Court of APP
peals of the District of Columbia and .
cases argued and submitted in the Supreme
Court of the United States.
Final judgments were rendered against
the District in three cases, and there are
still pending in the District Supreme Court
eight actions for damages against the Dis
trict. There were ten civil suits instituted
against the District during the year The
report also contains a list of the suits in
stituted in the Supreme Court and in the
justice of the peace courts by and against
the District The decision of the Court OF
Appeals, holding that the snow and ice law
enacted last February is void, is also re-
viewed in Mr.. Duvalls report. but without
comment.
During the year there were 1913 lunacy
cases instituted, an increase of SO over the
previous year, and average of more than
one day. Mr.. Duvall states that the law
enacted April % last relating to the appre-
hension and detention of insane persons,
has worked effectively. In recommending
7 irl, Until yoFa To
macy proceedings Mr.. Duvall says:
Since March 3, 1903, proceedings for the
formal determination of the mental condi-
ton of person upon petition by the Com
missioners have been by marshal's jury,
without judge presiding. The experience
of this Office since this procedure has been
in operation strongly 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 de-
corum and to rule on questions of law arts
ing to the admissibility of evidence and
involving the rights of personal liberty. The
desired object could be accomplished by in
sorting in the District appropriation bill or
in the general deficiency bill the following
provision:
Provision for Betterment.
Hereafter the proceedings. instituted
upon petition of the Commissioners of the
District of Columbia, to determine the men,
tai condition of alleged INDECENT insane per-
sons and persons alleged to be insane with
homicidal or otherwise dangerous tendencies
shall be according to the provisions of the
code of law for the District of Columbia re-
lating to lGnacy proceedings; provided that
the jury to be used in case the said Com
mssioners are the petitioners shall be i'm
paneled by the United States marshal for
said District, upon order of the court, from
tn jurors in attendance upon the criminal
curts of said District, who shall perform
such services in addition to and as part of
their duties in said criminal courts; pro-
Vfded, further that during such time as
jurors are not in attendance upofl said
criminal courts the court may direct the
said marshal to impanel the Jurors in at
tendance upon the Police Court of said Dis
tr1ct who Shall perform such duties in ad-
dltion to and as part of their duties in said
Police Court; or the said court may direct
a special jury to be summoned for such in
QUESTIONS. In case any such person adjudg-
ed to be of unsound mind has property real
or personal, the Equity Court of said Dis
trict shall have full power, in the same
cause, to appoint a committee or trustee
or the person and estate of such person
according to the provisions of said code
and such committee or trustee shall reim-
burse the District of Columbia for all court
costs expended or incurred by it and for all
moneys by it expended costs incurred in
caring for and treating such insane person
up 10 the time of such appointment
Another needed reform in connection
Win the lunacy proceedings is that after a
persons has been formally adjudged to he
OF unsound mind. and is committed to the
government Hospital for the Insane and has
recovered under the treatment there rooa;,,
ed, the record of the clerks office sbonld
snow the fact of recovery This sbould he
cone for the benefit of the person so re-
a . as Wen as for the public who NAV
a1terward have dealing with him. The do.
sired object can be ACCOMPLISHED nv laaisIo
tlon to the following effect:
~ case any person adjudged to he of
utsouio mind in the District of Columbia
VINO is committed to the Government Hosl
pital for the Insane, or any other ;nst;t,s
tioh. RECEIVERS his or her reason and who i
uischarsed from such institution as cured
the superintendent of said Government H..
p1tal for the Insane, or the official In cbarso
OF any such other institution where sncb
person has been under treatment and has
t teen SO discharged. shall Immediately
thereafter file with the clerk of the g.,
preme Court of the District of Columbia his
sworn statement that such person. in his
OPINION, was at the time of his discharge of
SOUND mind; and such statement Sb,u 10
SUFFICIENT to authorize the court to mass an
order declaring such person to be restored
TO ms or her former legal status as a ner
son of sound mind
Mr.. Duvall renews the following recorn
mendationS for legislation:
For Lumber Inspection.
ITO authorize the Commissioners to make
suitable regulations in regard to the in
spection of lumber, and to authorize the
commissioners to make suitable regulation
IN regard to the inspection of -four
The report of Assistant Corporation Coun-
sci James L. Pugh, in charge of prosecu-
tons before the Police Court is Submitted
by Mr.. Duvall with his report The volume
OF business in the District branch of the
Pollce Court is shown to be increasing
The number of cases tried before the Police
Court during the past year was 1864, and
the amount collected in fines was $50 1856 81.
For the year ended June 30 1903 there
were IL, SSS cases tried and $52177.2S collect
ed in fines.
Mr.. Pugh's report shows that during the
year there were tried i 200 cases of cruelty
to animals, 800 disorderly cases, $40 cases
of fast driving, 40 violations of the smoke
law and 500 violations of the snow law