Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-04
Sees Printing as Necessary
Make Present Laws
Effective.
ACT RECENTLY RULED
VOID BY JUDGE SCHULDT
Corporation Counsel Bride Also
Recommends Change in Exist
ing Measure.

Corporation Counsel William w.
Bride today reported to the Commits
sioners that certain District regulations
applying to elevator contraction and
operation, made January IA, 1927, had
never been properly advertised. and
therefore were not binding. He recom-
mended that the regulations be adver-
tised forthwith in daily newspapers.
Lack of publication of these regulations
was one of the guiding causes that led
Judge Gus Schuldt of Police Court to
find the Wardman Park Hotel mot
guilty" of alleged violations of the reg
ulations May %, since which time there
has been some doubt at the District
Building as to whether any of the
local elevator regulations could be en-
forced
No recommendation is made as to
| what procedure to follow after proper
advertising of the regulations. Mr.. Bride
said that had the regulation been prop
| erly advertised he would have recon-
mended that another prosecution, with
| identical facts alleged, be started, and
Judge Schuldt asked to quash the in
| formation so that the case could be
taken to the Court of Appeals for test
of the validity of the regulations. No
appeal can be taken by the District from
finding of mot guilty" Since Mr..
| DlluC dSLecS WIFI Judge SCnulQL Oplu"
| ION that the regulations were not prop
erly advertised, however, he states that
| he does not recommend such course in
| the present case.
Contemplates Appeal.
Evidently some appeal is in contem-
! plation, however, since Mr. Bride states
in no uncertain terms that he does not
agree with Judge Schuldt's other main
reason for the finding of mot guilty"
This was that the regulations are dis
cr1minatory. On this point Mr.. Bride
said: II find nothing in the elevator
act or the regulations promulgated un-
der authority thereof which discrimi-
mates between Government owned and
privately owned buildings in which ele-
vators are located. The elevator act is
silent on the subject, but, on the other
| hand, said elevator act not only au-
| thorizes but expressly directs the Com
| mlsSionerS to make and publish such
orders as may be necessary to regulate
the construction, repair and operation
Of all elevators in the District of CO.
lumbia. The regulations themselves do
not exclude elevators in Government
buildings. I believe they are amenable
| to the regulations" After speaking Of
successful prosecutions in analogous
| cases. Mr.. Bride said. Il repeat. there
fore. that believe Judge Schuldt wrong
! in that portion of his opinion which
declared the instant regulations to be
| discriminatory"
Another esction Of the regulations,
| however, was found faulty by the cor
! poration counsel, and amendment was
| suggested. Under the heading RE.
sponsibility," the regulations provide:
Responsibility for Damages.
ct shall be the duty of the owner Of
| the property upon which an elevator is
or may be installed to specify in any
| lease which he may execute the party
responsible for the care and mainte-
nance of the elevator. This person
shall be a resident of the District Of
| Columbia"
Mr. Bride agreed with the contention
that this provision would prevent
nonresident who is engaged in the
business of managing or controlling
real estate in the District from man
| aging or controlling any buildings in
which an elevator is located, and was
| beyond the power of the Commission
| erS.
This particular regulation, he said,
should be amended so as to place the
responsibility for and compliance with
and also the party having beneficial
use of the building and the elevator.
| Either or both could be prosecuted.
The opinion was written by Assistant
| Corporation Counsels Ringgold Hart
! and E. H. Thomas, but Mr.. Bride, In
! forwarding it to the Commissioners.
/ stated that it was so well prepared. and
so thoroughly represented his own views
on the subject, that he presented II
without alteration. Mr.. Thomas was
the prosecutor of the elevator case in
| Police Court