Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-06
DIVERSE VIEWS HELD
DIFFERENCE BETWEEN TWO
LOCAL DEPARTMENTS.
Abatement Of Nuisance the Point at
1ssue-Commissione Re-
quested to Decide.

MARKED differences OF opinion have arisen
between the health Office and the District
engineering Department concerning the
proper course OF procedure in the state
ment OF nuisances which may exist on
parking AUDITING upon private property,
For almost month the official papers in q
case In point have been fitting between
the two departments. Health Officer Wood
ward continuously contendine that the gov
eminent should abate the nuisance. which
happens to be on public space, while Can't.
jay j. Morrow, the acting engineer COM
missioner, has repeatedly declared that the
engineering Office considers parking as an
appureenanee to the premises and con-
siuels az the duty OF the owner of abutting
thereon. N'AoiS
Health Officer Woodward finally asked
.lat corporation Counsel Thomas be re-
Questeo TO interpret the law as it applies
to the problem, but Acting Engineer Com
missioner Morrow, I'm long typewritten
reference yesterday, declared that he did
lloe approve the proposition to call in the
corporation counsel because the question at
issue IS not legal one. This recommended
tlon mas not yet come officially TO the at
,' OF the health officer, but the latter,
in verbal comment today characterized this
as an admission on the part of the acting
engineer commissioner and asked:
Why not let the question go to the cor
Potdliol counsel IL he Is right?
Quotes From Regulation.
1T seems to me very much like oh. dear
notner, may go swim,'" said DR. Wood
ward and he pointed to section 1 of article
VIII OF the police regulations as revised
ana published July "a Of the present wear
thls paragraph Of the law reading as fol-
lows:
,,ro NO person shall throw. cast. deposit.
oiop' scatter or leave or cause to be left
in or upon any street. avenue
aley' highway, footway, sidewalk, parking
or any other public space in the District
ea an SUiumoia any dirt, mud. ashes gravel,
sa%oust, shaVings, hay. straw, offal, veSe-
.aoIe matter garbage, trees, cinders, paper
In other words, Dr. Wood
ward said, how can any person take steps
toward the elimination Of insahitary
conoltlon, which arises by reason of a de-
preston in the public space when, by law
ne becomes liable to fine of as much as
Sl00 Tor depositing any material on said
public space" N
The controversy began August -. when
William Wade of 1922 18th street north
west wrote postal to the Commissioners
complaining OF the insanitary condition of
the sidewalk In front Of the prem: ses An
inspector from the health department
made an investigation and reported that
the sidewalk in front Of 1922 18th street
mad oeen raised so that water stands to
depth OF four or five inches in the parking
A clerk in the engineer department rec
commended that the owner should remove
said condition. Health Officer Woodward
conceded in this, and called attention to
the fact that the United States was the
owner, and that immediate control Of the
property Is represented by the District gov
eminent, engineer department.
Capt. Morrow Replies.
To this Capt. Morrow replied tersely as
follows:
Respectfully returned to the health Of
1cer for such action as he desires to take
The engineer department considers parking
as an appurtenance to abutting premises,
etc. This Office desires to take no further
action in the matter"
e. 1.-THE record in this case is the |
head of the engineer department disclaim- |
ing responsibility for nuisances on park |
ing" DR.. Woodward replied, and, he de- |
clared, with citation of precedent, that the |
engineer department has at times abated |
such nuisances. His recommendation that |
the corporation counsel be asked to state |
the conditions under which q citizen can be |
held responsible for defective drainage or |
other nuisances located on parking space, |
with the creation of which the citizen had |
nothing whatever to do, and for the cor |
poration counsel to state further how such |
liability on part Of the citizen is to be en- |
forced. closed the incident as it stood on |
August q.
Besides moving that the corporation coun- |
sci be not brought into the case, Capt. !
Morrow made motion to the effect that |
a definite course Of procedure in such cases |
be established by the Commissioners di- |
recting the health officer to serve notice |
upon the owner Of abutting property to |
abate the nuisance. |