Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-06-19
Commissioners Order Health
Officer to Withdraw No.
tees in Controversy.
CORPORATION COUNSEL
DECIDES TEST CASE
William w. Bride Goes Back Into
History of System for
Decision.

Health Officer William c. Fowler lost
his battle to compel householders to
connect their drains with stormwater
sewers today when the Commissioners
formally ordered the health officers
notices to certain householders, requir-
ing the connection, withdrawn.
The particular case which settled the
matter was that of Mr.. and Mrs.
Thomas ]. Corwin of 2207 Newton
street northeast, on which a test was
made. When they built their home, it
was connected with a sanitary sewer
then running through the street. There
was no Stormwater sewer. Still later
the Highway Department served them
with notice that the street would be
paved and that if they wanted to do
any work involving cutting up the street
they must do it at once, as the street
must not be cut after the surface was
laid.
St0rmwater Sewer Laid.
Then the District laid a stormwater
sewer and paved the street. Shortly
on the heels of this the Health Depart
ment served on the Corwins in common
with other residents an order to con-
meet their downSpoutS and rain leaders
with the recently installed Stormwater
sewer This would have made neceS-
Sary the cutting of trench from the
back of their lot through their cellar,
through the sidewalk and out into the
center of the street, at cost OF about
$500. They appealed to the Commits
SionerS, and the Commissioners put the
matter up to the corporation counsel.
He advised that the notices be with
drawn. Today this was officially &C
complished.
The action of the Commissioners
means that thousands of householders
will not be compelled to make the con-
calculated that this would have cost not
less than 100000.
Corporation Counsel william W
Bride, in a long and carefully written
opinion, went back into the history of
the city'S sewer system and showed that
when the act on which the health Of
flcer relied for authority was passed,
there were no storm-water sewers in
existence. All the sewers then were
combined system" sewers, taking care
of both sanitary drainage and surface
rain water. Storm-water sewers, which
take only rain water, have been built
here for only nine years, and in a syS-
tenn comprising about 800 miles of sew
erS, there are only about 20 miles of
storm water sewers
Designed to Relieve Flood.
The particular sewer to which the
Corwins were ordered to connect is a
lateral brancA of the South Dakota
stormwater sewer, designed to relieve
food conditions at Rhode Island avenue
and Kearney street, where there is a
flow of sometimes as much as 20 inches
on the surface of the street in time of
rain.
While 1t Is proper as health meas
ure, the corporation counsel found, to
compel connection to a sanitary sewer,
connection with the stormwater sewer
does not necessarily affect the health
of the community. He showed several
instances where applications had been
made by private individuals for per-
mission to connect rafnspouts with
stormwater sewers had been refused by
the Engineer Department. If the prop
erty owners could be compelled to con-
meet. he found, then the Commission
ers could be compelled by mandamus
to allow them to connect in every in
stance where they wanted to. AS a
result he held that the Commissioners
had no power to compel the connection
and advised that the notices be Voided