Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-26
DISTRICT IS LIABLE
Municipal Building Contractor
Has Right of Action.
MATERIALS WERE DELAYED
Court of Appeals Sustains the Dis
trict's Bill-Posting and Laun-
dries Regulations.

| The District of Columbia is liable to
James l. Parsons, contractor for the
| new Municipal building. for such dam
| ages as a jury may find he suffered by
| reason of the delay in providing marble
| for Its construction. according to the Dis
| trict Court of Appeals, which in opn
ion by Mr.. Justice Van Orsdel today
verses the action Of the District Supreme
court, which had held against the con-
tractor
Mr.. Parsons sued to recover $1,000 for
| ninety days delay in the arrival of ma
terial for the building, the construction
| of which had been placed by Congress in
the municipal building commission, com
posed of the District Commissioners and
the then Secretary Of the Treasury. The
District demurred to the declaration,
claiming that Congress had imposed a
governmental function on the commits
sion and not any duty on the municipal
ity as such. This demurrer was sustained
by the lower court.
In overruling this contention Justice
Van Orsdel holds that the so-calied mu-
nicipal commission contracted for work
to be done for the District of Columbia,
and If any breach occurred in the con-
tract by which the appellant was dam
aged, a cause of action exists.
Wins Bill-Posting Case.
The District regulation Of bill posting
and the scattering of advertising matter
on the streets is sustained today in an
opinion by Mr.. Justice Robb. 1.-The mod
est tax" says the court. from which the
complainant, the International Textbook
Company of Pennsylvania, seeks to be
relieved is to be ascribed to the authority
of the municipality to supervise business
and not as an attempt to burden or reg
ulate interstate commerce.
Those doing business within the District
must be subject to reasonable super
vision and control. The right to engage
| in interstate commerce does not carry
| with it the right to create nuisance.
| The text book company sought an in
! ties from preventing the distribution
| of Its advertising matter to persons on
| the street. The District demurred to the
| bill, which was sustained by the lower
court. The appellate court affirms this
| finding.
Laundries Must Report.
| The regulation requiring Chinese and
other laundry proprietors to report to
the health department was sustained by
the Courtof Appeals in an opinion by
Mr.. Justice Robb. The Appellate Court
reverses the action of the Police Court,
where the regulation had been held unrea
sonable and in conflict with the act of
July /. 1902. imposing tax on laundres.
1.-THE object Of the regulation" says
| Justice Robb, lis the protection Of the
public health. There is no reason why
the regulation may not be sustained. un-
| less it is so clearly unreasonable and OPP
pressive as to be outside the police
powers of the municipality. We see moth
| ing unreasonable or oppressive in this
regulation. The defendant is simply re-
quired to report to the health officer that
| he is conducting the kind of laundry
mentioned in the regulation. give his
name and the location of the premises.
That he has given similar information to
the assessor for a different purpose is of
no consequence. We think the regula-
| ton both reasonable and conducive to the
public health