Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-28
LACKING IN POWER
Building Regulations Become
Subject of Controversy.
IN THE POLICE COURT
Commissioners Cannot Provide Pen
atty. Lawyers Say.
LAW SAID TO BE LACKING
Big Question Arises From Informal
ton Against Francis n. Javins
in Small Case.
LAW SAID TO BE LACKING

The authority of the Commissioners Of
the District OF Columbia to enforce any
Ienafy FOR violations of the building
regulations they have made was ques-
toned by Attorneys Robert I. Miller and
George {. Gertman today. The question
was put squarely up 10 Judge Pugh in the
Pohc" Court on a motion to Quash an in
formation against Francis II. Javins
charged with enlarging a woodshed on
his premises under conditions which are
alleged to he in violation of the building
regulations.
Assistant Corporation Counsel c. L..
Williams. who is prosecuting the case.
asked for continuance until Friday in
order that he might have time to go into
the case thoroughly and see if there is
any law giving the Commissioners power
to impose the penalty they have provided,
which is fine not to exceed 500.
No Power to Enforce Penalty.
Attorneys Miller and Gertman contend
ed that the act of Congress OF June H.
1878. which gives the Commissioners pow
er to make and enforce building regula-
tons fails absolutely TO empower them
to designate or enforce penalty for IN
fractions of these regulations.
Mr.. Williams. the prosecuting attorney,
in answering the attorneys who made
the motion to quaSh the indictment. said
that Congress had no intention of pass
ing useless bill empowering any man
or body of men to make laws or regula-
tons for public safety and convenience
without providing means of enforcing
such regulations. He said that the spirit
of the act should he considered as we'll
as the actual phraseology.
Taken by Surprise.
Mr.. Williams said further that he was
unprepared 10 argue the motion imme
diately, as it had taken him completely
by surprise Judge Pugh suggested to
him that the consequences of an imme
diate hearing might be very serious. and
at the suggestion of the court MIR Will
liams asked for continuance of the
hearing of the motion. 1t was granted
until Friday.
In speaking of the serious nature of
the case. Judge Pugh said:
This is an extraordinarily important
matter: so important. in fact, that 1t
is out of all proportion to the serious
ness of the case in which this motion
to quash the information has been filed.
1t is only right that the prosecuting
attorney should have an opportunity
to thoroughly familiariZe himself with
every law and court ruling having any
bearing on the case, and for that rea-
son | suggested to him that the hear
ing of the motion be postponed for
a few days If the court Is compelled
to rule that there is legally no penalty
for infractions of these regulations.
Congress should most certainly act
quickly in empowering the Commits
sioners to enforce the penalty they
have already provided"
Building Officials Figureheads.
In the event of the court ruling that the
Commissioners were not authorized by
Congress to enforce a penalty provided by
themselves for infractions of these regu
lations. in the opinion of many attorneys
of the city. the entire staff of the build
ing inspector and the building inspector
himself will be but figureheads until
such time as Congress acts, giving the
Commissioners power to enforce the regu-
lations.
Judge Pugh said today that he has had
this question put before him for consid-
Grafton many times during the past ten
years. but never before has 1t been
brought into court on a similar motion.
There is later act of Congress. the
judge said, which contains a few words
about a penalty. but it is debatable
question whether ii is sufficiently eX-
plicit to bear out the contention of the
prosecution in the hearing OF the motion
to quash-