Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-13
THOSE DANGEROUS PONDS.
Mr.. West Refers Matter to Attorney
With Instructions to Prosecute.

Commissioner West today took I'D for
consideration the various reports submit
ted by the major and superintendent Of po-
lice in regard to the existence of certain
ponds which were alleged to be dangerous
to life and limb.
In the case of a pond of water in the
neighborhoOd of Cathedral and Connecticut
avenues northwest the report Of Lieut..
Shilling showed the pond to be Of stagnant
water. due to the fact that the necessary
sewer connections were not made. The
same report was made as to a pond of
water in the square bounded by Seaton, T
and 4th streets and the Baltimore and Ohio
tracks northeast.
In both of these cases the health de-
partment had reported that the ponds were
dangerous owing tho the depth Of water
In all the cases, however, Assistant Cor
poration Counsel Pugh declined to issue
warrant under section 1 of article II of
the police regulations on the ground that
the nuisance complained of was neither a
we'll "cistern" nor excavation" In
view of this action of the assistant cor
poration counsel Commissioner West today
brought to the attention Of Corporation
Counsel Duvall section of the act of
Congress approved March l. 1899, the frs
part of which reads as follows:
That the existence on any uninclosed
lot or parcel Of land in the city of Wash
ington. or its more densely populated sub
urbs. of any uncovered well, cistern, ds q
gerous hole or excavation is hereby de-
CidTcu b uulSduce dangerous 10 lie ana
limb. and any person owning lot or par
eel Of land in said city or said suburbs on
which such nuisance exists who shall
neglect or refuse to abate the same to the
satisfaction of the Commissioners of the
District of Columbia, after Ave days no.
ttce from them to do So shall. on convic-
ton in the Police Court. be punished by
a fine not exceeding $50 for each and every
day he or she fails to comply with such
notice."
This act also provides that should the
land upon which exists the pond, well, els
tern, dangerous hole, or excavation, be
owned by a nonresident, the District has
the right to proceed to abate the nuisance
and assess the cost against the property.
An examination shows that the police regu-
and was followed by the act of Congress,
into which the words dangerous hole"
were inserted and the provision added for
action against non-residents.
Mr.. Duvall expressed the opinion that,
der this law, prosecutions could be made
in all the cases against which Mr.. Pugh
declined to act under the police regulation.
A dangerous hole" in the Interpretation
given by standard dictionaries. Is cavity,
either natural artificial, and this defini-
ton would include all the ponds which
alleged to be dangerous.
Commissioner West moved the reference
of all the reports to the corporation counsel
for prosecution under the act mentioned
believing that there Is already sufficient
law to deal with the matter, not only in
the cases of resident property-owners, but
in cases where the property is owned by
non-residents Commissioner West stated
that although the health regulation pro-
vides for proceeding against owners of
property who allowed stagnant ponds of
water to Accumulate. he thought 1t would
be better to proceed under the act Of Con-
gress rather than direct the health officer
to make the prosecution.