Evening star., 1928-03-10
PRIDE REPORT HITS
LACK OF AUTHORITY
Loss OF Municipal Power
Costly to Capital, Congress
Is Informed.
rfom the : 30 Er,ion -, Ye.te,dss.s .,sr

3 Fforo the 30 Eltion ~ Yesterdas's s'sr.,
The Commissioners ef the Distrie.
were described as mere ministerial Of
ficcrs enjoying TO rights and exercising
no municipal powefs e.cept sucn ~
conferred upon them Ey acts Of Con-
gress. In a comprehensive I0-pa3e re-
port prepared by Corporation Counsel
william W. Bride. which was sent to
Congress late yesterday together with the
draft OF a bill to give the Commissioners
power to settle claims and suits that
grow out OF The peculiar legal status
Of the District. Such legislation, i: vas
pointed out, would save the District
thousands oi dollars yearly.
The receipt Of the report was followed
Immediately by the introduction Of bills
in both Senate and House To correct the
situation Senator Capper and Repre-
sentative Zihlman. chairman OF the Dis
trict committees, sponsored the meas
ures.
Mr.. Brides report is designed tn SHOW
the necessity for the proposed legisla-
ton, and 1t declares that the District,
unlike any other municipal corporation
in the United States. has no implied
municipal functions or powers by Tea-
son Of the fact that the Commission
ers are merely ministerial officers en-
Toying no rights and exercising no
municipal powers except such as con-
ferred upon them by acts Of Congress.
Present Plan AssaiIed.
Every legislative function OF the Dis
trict OF Columbia is exercised by Con.
gress with the result that the city Of
nearly one-baIf a million people, al
though technically municipal corpora
tiCn," said Mr.. Bride. is more circun1-
scribed in its functions OF general
municipal nature than IS the smallest
Incorporated town in the country.
The situation is productive OF TN
wieldiness, expense and poor stninis-
tration from the standpoint OF sound
business policy. II has It's reflex IN
Congress, BY necessitating consideration
by that body of q vast number of mai
ters of a purely municipal nature ordI-
nariiy disposed OF by the aldermen or
council of municipal corporations. The
existing system not only Is productive OF
great ineff1ciency. but results in multi
farious litigation At very considerable
expense 10 the citizens OF the commit
nifty By reason OF the fact that the
District OF Columbia is OF necessity
compelleG-to defend suits both as To
law and in equity when it is a foregone
conclusion that the decision will be ad-
verse 10 the District.
Judgments More Costly.
Municipal expenditures for this
hopeless litigation mounts into the
thousands OF dollars every year through
the payment OF witness fees. court
costs. Stenographic records and records
on appeal and the most considerable
items OF all. payment Of judgments
vastly IN excess Of the amount for which
the claim or suit could have been set
tied without litigation. Litigation of this
kind is not sporadic or occasional, but
OF menac!rg frequency. The records OF
the District viii show vast number Of
cases where the amount recovered from
the District through litigation is many
times III excess OF the sum which the
claimant or litigart vas willing TO ac-
cept in settlement"
Mr. Bride cited a number OF cases Ct
this kind, and mentioned as nloSg not
able the series OF suits involving the
District and the Washington Terminal
Co, the Pennsylvania Railroad and the
Philadelphia, Baltimore & Washington
Railroad.
Tax Cases Frequent.
The bill also authorizes the Commits
Sioners to- waive the pleading OF the
statute of limitations laches of the
plaintiff. or. III the case OF suit 10 re-
cover taxes paid. the plea OF voluntary
payment on behalf of the plaintiff
whenever in their discretion such a
waiver is Just and fair and Will tend
10 promote an equitable determination
VI the issues involved. Mr., Bride pointed
out that these cases arise most fire.
Guentiy under the BorlanG amend
aIs2.s imposing special assessments for
street paving. The court Of last re-
sort OF the District. he pointed out, has
held the Borland Laws 20 os void ard
Invalid as applied TO particular prop
rites where the application 0! the Law
cSulss III unequal and iDecuitsbls taN-
= on due primarily 10 irregular depths
II lots.
Following this decision. . large mum
Der OF claims for cancellation or refund
Of taxes paid were presented 10 the
Commissioners, and upon investigation.
Mr.. Bride said. many Of these claims
were found 10 be ''on all tou-S" with the
decided case. Yet by reason OF the fScr
that litigation is SLOW and much tisrse
elapSsS between the assessment - the
tax and decree Of court Of last re-
sort caoceltng the assessment, the clam,
Tor cancellation is necessarily nos made
until hong after the assessment has
been levied