Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-02
"HIGH-HANDED ACTION"
ALLEGATION MADE AGAINST THE
COMMISSIONERS.
Suit to Prevent District Authorities
From Enforcing an Assessment
Against Certain Property.

"High-handed and arbitrary action by the
Commissioners of the District of CQlum-
bia, is alleged in bill in equity filed yes
terday afternoon in the District Supreme
Court by Margaret Handley. The Commits
sioners are named as defendants. The COM
plainant expresses to the court the opinion
that the Commissioners ARE wholly for
getful of the fact that there is some other
limitation to their power besides their mere
pleasure"
The object of the suit rs to enjoin the
Commissioners from taking any steps to
enforce an assessment amounting to 1854
against lot 5, square 700 belonging to the
complainant, as benefits in connection with
the opening of minor street through the
square.
The complainant reviews the circum-
stances involving the alleged re1usal OF the
Commissioners to permit the complainantS
attorney, George E. Sullivan, to examine
the records at the District building respect
ing the assessment proceedings.
The assessment referred to, the complain
ant saws. casts a cloud upon her title to the
real estate and Injuries its market value.
She contends that the assessment amounts
to a literal and practical confiscation of her
lot the assessed valuation Of it on the tax
books of the Commissioners being $57S.
Lodged Written Protest.
The court is informed by the complainant
that she has not been negligent in protest
ing against what she terms these illegal
proceedings" She adds that as soon as she
became acquainted with the facts concern
ing the proceedings she lodged in the office
of the Commissioners written protest. She
was notified March 10, 1905, she says, that
the Commissioners would not disturb the as
| sessment. Thereupon, through Attorney
Sullivan, she called at the District bulld1nS
-J-x ,,,rLo
and was proceeding to make tnorough eA-
animation of the records respecting the as
sessment proceedings and at the same time
to make memoranda and copies stenog.
raphicaIly for use in bringing the suit
filed late yesterday, when the commas
siouers interfered and caused her attor-
ney to be informed that IN all cases IN
which the Commissioners are llkely 10 pe
sued they deny to the public the privilege OF
getting this full information from the pup
lie records until written application mas
been made therefor and the applcalioh
passed upon H..
Continuing, the complainant says that
Notwithstanding the fact that the Com
missioners were merely public servants
having the custody of public records with
no other rights duties in the premises
than simple obedience in throwing open loi
thorough inspection and examination the
public records and without -pfeSumlng 10
say that in order that such inspection ana
examination may not be thorough they
will interfere and prevent the public from
making any, memoranda or dong any copy
ing. the mplainant, through heIs attorney,
made applca ton in writing Mareh 20 1910,
to the Commissioners as they had re-
quested.
Required an Affidavit.
Thereupon, she declares The Commission
ers ito further obstruct the complainant in
securing relief in the courts against their
misconduct" informed her attorney that
even written applicatiorf7we not an
swer their purposes; that they desired
IAN affidavit to be fled setting forth
the specific parts of the proceed
ings that she desired to make a
thorough inspection Of and make memo
randa" and make copies of, and required
her to give the specific reasons, If any,
sue her rights in this behalf, and that then,
if case of necessity were made out to
their satisfaction her attorneys would not
be further interfered with.
The Commissioners, it is averred by the
complainant, have not attempted to eXer-
else judgment in acting upon any of the
matters or things, but have arrogated to
themselves the right to do whatever they
please and however they please
Further, 1t is charged that the Commits
sioners are "Wilfully and wrongfully with
holding from the complainant the public
records in order to obStruct the proceedings
before this honorable court
The complainant also states that she is
not advised to what secrets which may
be hurtful to the defendant Commissioners
may be contained in the complete record
concerning the proceedings as she has not
been accorded access to the complete rec
ord and she is dependent upon the aid of
the court to compel the defendant Com
missioners to make complete discovery