Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-12
LOCAL DEATH TRAPS
Commissioners to Discuss
Filling Ponds.
PEACE CONFERENCE
THREE-coRNERED GAME TO COME
TO A CLOSE.
Question Of Responsibility for Closing
Up the Menaces to Life-Health
Office Reports.
PEACE CONFERENCE

| peace conference has been called by
the District Commissioners, and the chances
are that treaty will be signed which will
provide for the filling up of all ponds with
in the District of Columbia. In fact. 1t
has been predicted that as a result of this
| peace conference there will not be enough
stray water in the national capital to float
q toothpick For the past several days
since two small boys lost their lives playing
| war on pond near the filtration plant-there
has been a shifting of responsibility among
| the various departments of the District gov
eminent. MAJOR Sylvester claimed that 1t
was not up to the police department.. and
| expressed the belief that the health depart
ment should do something. The health de-
| partment was of the opinion that 1t could
! not be held to account unless these ponds
| were dangerous to health, and the engineer.
| department held that the initiative should
| come from either the police or health de-
partment
Thus this three-cornered game has been
played, and most Of the ponds have con-
| tinued In existence, blissfuliy ignorant of
| the trouble they were causing. But the
process of elimination had been in force re-
Gently, and one after another the positions
| taken by the various departments have been
destroyed. until today the Commissioners
announced they would get together and.
determine upon policy which, in SO far as
| the law will permit, will do away with
these nuisanCeS
1t would seem that the initial RESPONSE
bility rests upon Congress. for the reason
that the Commissioners have asked for leg
islation which would enable them to abate
nuisances on property owned by non-resi-
dents. bill to this effect was passed last
session by the House. but one of the mem
bers Of the Senate committee on the Dis
| trict of Columbia put the document in his
| pocket, and there 1t Is to this day, for
| all the Commissioners know AT any rate,
1t was never reported to the Senate. and
| the legislation was never obtained. Major
Sylvester last Saturday put 1t up to the
health department. on the ground that
| pond dangerous to life health consti-
tutes nuisance and as such should be
abated by the health department Today
the health officer comes back with
lengthy report, of which the following are
extracts:
Health Office Reports.
1.-The necessity for abating a pond of
water may arise either through danger to
health or through danger to life and limb.
In the practice of the health department
the abatement of such nuisances, when
their character as nuisances due to
danger to health, has been regarded as
function of the health department. but the
abatement of conditions of any character
which constitute nuisances because they
are dangerous to life and limb has been re-
garded uniformly as the duty of the police
department or of the engineer department.
The question has been twice brought
squarely in issue and the position of the
health department sustained. Some time
prior to September 20, 1898, 1t was discov-
cred that the Commissioners were power
less to require the inclosing of certain ex
cavations containing water and being dam
gerous TO life and limb-namely, two wells
and the legislation designed to confer upon
them the necessary power was drafted. In
the original draft the then attorney placed
the burden of securing the abatement OF
nuisances on the health department
THE question as to what Office or de-
partment Of the government should en-
force the law just quoted was again
brought squarely into issue in September
1902, by a report from the superintendent
Of the water department inviting attention
to dangerous well; this case. IT will be
noted. refers specifically to excavation
containing water. On the recommendation
Of the superintendent of the water depart
ment the matter was referred to the health
officer. who, under date of September II,
1902, reported as follows:
% 'Nuisances of this character-that is
such dangerous to life and limb in
the ordinary acceptation of that phrase,
have not heretofore been regarded as COM
ing under the jurisdiction of the health
office
Covered by Law.
while the case seems to be amply COW
cred by the law above referred to. an at
tempt has been made to cover 1t further by
article II of the police regulations, which
is as follows:
Section /. 1t shall be unlawful for the
owner occupant of land in the District
of Columbia to allow any well. cistern or
excavation thereon to be unfenced, uncov-
cred, or in a condition dangerous to life
or limb. and any such owner or occupant
who, after five days notice from the police
department of said District OF the danger
Gus condition of such well, cistern or ex-
cavation, shall fail or neglect to protect
the same so that II shall not be dangerous
to life limb, shall, on conviction thereof,
be punished by a fine Of not less than one
dollar nor more than ten dollars for each
day such well. cistern or excavation shall
remain unprotected and dangerous to life
or limb after the expiration OF the notice
aforesaid
1.-The police department is required by law
(Sec 1876, r. S. d. c., among other things,
to protect the rights of persons and prop
erty; to guard the public health; to remove
nusances existing in the public streets,
roads alleys highways and other places: to
see that all laws relating to public health
are promptly enforced; and to enforce and
obey all laws and ordinances in force In the
District, or any part thereof, which are
properly applicable to police or health, and
not inconsistent with the provisions Of this
chapter trelating to the metropolitan police).
THE health officer is required by law to
execute and enforce all laws and regulations
relating to public health and vital statis-
tics, and to perform all such duties as may
be assigned to him by said Commissioners
go Stat, 100.
THE jurisdiction Of the police department
is general; the Jurisdiction of the health
department is limited.
ut has been the practice of the police de-
partment. presumably in the discharge of
the duties imposed upon It by law. to re-
port TO the health department conditions
regarded as dangerous to public health,
among them ponds OF stagnant water. Ad-
mttedly there are ponds of water which
have been brought to the attention of tho
health department which have not been
abolished but 1t is believed that in no in
stance does such a pond now exist where
there is sufficient law and sufficient money
to effect its abatement
1.-The pond, however, which was the oc-
cason of the recent tragedy has never been
reported by the police department"
Orders to Police.
The daily hutIeti, jssuad NV tho polfca do