Evening Star Newspaper, April 10, 1927, Page 11

DOUBT SURROUNDS SANITARY CHARGE Action of Maryland Legisla-( ture Amending Commission Powers in Question. BY WILLIAM J. WHEATLEY. Legality of the increased front-foot benefit charges by the Washington Suburban Sanitary Commission against property owners in the sanitary dis- trict in Montgomery and Prince ‘Georges Counties was as uncertain night as it was before the Mary- land Legislature last week passed the amended sanitary commission organic act and the Maryland Court of Ap- peals at Annapolis on Friday handed down an opinion sustaining the in- junction issued by the Circuit Court at Rockville, Md., prohibiting the com- mission from collecting the increased charges laid by its order of June 10, 1925. On the one hand are the representa- tives of t roperty owners protest- ing the increased charges, and who claim that the Maryland Court of Ap- peals decision nullifies the act of the Tegislature, while on the other are the representatives of the Washing- ton Suburban Sanitary Commission, who claim that the legislative act makes the court’s decision of no effect. More Litigation. Expected. There is.'one thing that is quite clear in’the situation as it stood last night, and that is that the whole ques- tion will be tHe subject of further litigation before thé courts, for any move on the part of the Gommission to collect the fees under this order will be met with opposition from the pro- testing property owners. The legisia. tive act has not yet been signed by. Goy. Albert C. Ritchie of Maryland. The issue may come on. contempt proceedings. F. Regis Noel of this ¢ity, attorney for the protestants of | the Increased assessment, said that| if the commission should attempt to | collect the charges that the matter will be reported to the Court of Ap- peals with a view to having members of the commission cited before the court for contempt in violating the injunction. Then the commission would claim justification by the act of the Legislature of April 4, which would have the effect of opening the whole case for another review as to whether the legislative act nullified the court's order. Cites New York Case. 7. Howard Duckett, chairman of the Washington Suburban Sanitary Commission, said that the commission would proceed to collect the taxes or assessments from those who have not paid, as soon as the measure be- comes a law. He said that it is clearly within the legislative power to pass an act validating the *order of June 10, and that such legislative acts been upheld by the Supreme Court of the United States. Mr. Duck- eit said that a similar situation to that in the sanitary district came up in New York, in the case of Spencer versus Merchant, which finally went fo the Supreme €ourt of the United States, There the New York Legislature | validated certain assessments for the construction of a boulevard in Brook Iym. putting , varying assessmer against property owners along the thoroughfare. Act’ Was Upheld. It was attacked, and the dourt up: held the legislative enactment, and the decision quotes a ruling of the Jate Chief Justice Marshail, in which he said | * “"The judicial department, eannot prescribe to the legislative depart- ment limitations upon the exercise of its acknowledged powers. The power 1 tax may be exercised oppressively upon persons; but the responsibility of the Legislature is not to the cour but to the people by whom its mem- bers are elected. The court in this case, however, did prescribe that there must be no- | tice to the property holders and = | ehance to be heard, not on the ques- tion of the tax as a whole, but as to its apportionment among the various property holders. The Sanitary Com- mission’s order of June 10, which in- creased certain assessments previous- 1y laid down, it was said, was issued | without notice and chance to be heard was not gvien, under the require- | ments of the fourteenth amendment | of the Constitution of the United States, which deals with the taking of property without due process of law. | Holds Bonds Unaffected. { It was made clear by Mr. Duckett | that the decision will not affect the outstanding bonds of approximately $6,000,000, issued by the commission, | and to pay the sinking fund and in-|j terest on which the increased charges were laid down by the June 10 order. | Mr. Noel quoted from the constitu- | tion of the State of Maryland, which | required the three departments of government, legislative, executive and | judicial, to be separated and not in-| terfere with one another, and two | cases by the Maryland Court of Ap- pearls to bear out his contention. | These were the mayor of Bal Horn and Porter vs. mayor of Baltimore. In the latter case the Leg- islature, acted, to approve assess- ments which were attacked, after the court’s ruling but in the sanitary commission case the Legislature had scted before the court’s decision, but Mr. Noel contends that this makes no difference in the result, When the bill amending ~the a c act of the Suburban Sanitary ssion was before the Legisla nator Lansdale G. Sasscer of | Mariboro, Prince Georges Coun- 3 d a long hearing for the ponefits to the measure, wi rly attacked the provisio; tended to validate the June 10 order. | However, at that time, Senator Sass cer and’ Senator Eugene Jones of Kensington, representing Montgomery County House of the | they were in | | LIEUT. PAUL DUBAN, New assistant naval attache of the French embassy. Lieut. Duban studied in Ecole d* Arts et Metiers at Lille and has held a navy commission about 16 years. He was assigned at Constanti- nople until his transfer here. favor of letting what had been done stay, and to start off anew, and pre- vent the commission from ever again putting on an _increased , benefit charge, once it had been laid. Such a provision is included in the new leg fative act. This was agreeable to the commission, and was so expressed by Mr. Duckeft at the hearing on the measure, Favored Tax Increase. | | | Representatives of the opponents of | the measure at that time went record as favoring a 30-cent incre in the taxes in the whole sanitary area to pay the increased costs as- sumed by the commission in its im- provement work, and were opposed to putting the increased charges aga the property owners along the and sewer mains of the commi It was their contention that any tension of the sanitary lines w benefit to the whole sanitary dis o and that the property owners as a whole should bear a share of the cost, even though they were locgted miles from any of the improvements. It was pointed out at the Sahit Commission offices in this city that the increased charges amounted 1o but $2.50 per lot, whereas this charge would be practically doubled by a tax assessment on the whole area. It also was added that fully 97 per cent of the property owners had paid the increased assessment, and that there would be no refunds under the recent decision of the Court of Appea The sanitary commission law ments were the subject of a campaign issue in Prince Georges County during the last campaign, and the repre- sentatives of this county in both houses were pledged to get in the amendments which were included in the new bill. Measure Apparently Agreeable. Its provisions were clos ex- a | ized by them, and the mea not reported until every campaign issue had been. settled. When finally passed, the measure was apparently agreeable to all parties. The_trouble -developed : June 10 order of the comn the- following manner: The sion has issued certain bonds built projects to improve the sanit conditions in the district and made assessments to pay.for them. Subse- quently, it found it nece: count of the unprecedented & the area, to increase the original mains and to lay pay_ for which Yt issued bonds. In order to meet th tions ‘it issued its order of June 1925, which Increased the origin assessment: erty benefited. The original case in the Rockville court was decided purely on the ques tion of notice and right to be heard nd the fairness of the assessments were mot in question, The Publ ervice Commission of ) already held the char reasonable. . Gas Price Control Restrained. NASHVILLE, Tenn., April 9 (#] The State was temporarily restr by Federal District Judge Gore to m enforcing the new law the price of gasoline. er w sued on separate. petitions filed the Texas Co., the Standard Oil C. and the Pan-American Oil Co. T law went into effect vesterda Established 31 Years Fine Quality Shell Frames Finest Quality Toric Spherical Lenses (D. C. Property Only) 6% No Commission Charged You can take 12 years to pay off your loan without the expense of renewing. $1,000 for $10 per month, including interest and prin- cipal. ti_argcr or smaller loans at proportionate rates. PERPETUAL BUILDING ASSOCIATION Largest in Washington Assets Over $14.000,000 Cor. 11th and E N.W, JAMES BE! President. BRY, INSHUA W. CARR. Seerefary. on | 1se | | ope to some one else only because they do laid down on the prop-| KAHN on 7th St. | Specials Monday and Tuesday | tinue THE SUNDAY STAR, WASHINGTON, D. C, APRIL 10, 1927—PART ‘1. NENNEED FIHING, HOOVER DECLARES \Urges Co-operative Efforts! on Restocking and Fighting | Stream Pollution. [ | | By the Associated Press. CHICAGO, April 9.—F of the great American pastimes has steadily lost ground, and will con- to suffer unless sportsmen's clubs, the Federal and ments co-operate more effectual increase restocking, Herbert Hoover, Secretary of Commerce, the Izaak Walton League Ing of its conventio Because angling is soul of man’ it must he preserved a national institution, Mr. Hoover de: b hing as one | ure you the increase of crime is due to a lack of those qualities of | mind and characte ich impreg nate the soul of every fisherman ex- | cept those who get no bites.” Present Methods Failure. Present methods of rehabilitation through hatcheries are a failure be- cause of the high infant mortality he said. Experiments conducted b the Bureau of Fisheries of his de- partment indicate artificial hatching can be made more successful if the fingerlings are carried through in- fancy to childhood. There is the field for the tnergies of the game and fish- ing clubs—the fostering of nurseries, he added s All efforts, however, to res streams and lakes will fail, he | serted, unless there is a check to the pollution of streams & ought to have seve nurseries,” Mr. Hoover told the leagu delegates. They are expen- sive compared with the annual outlay on tackle and the automobile journey to fishing hole: | Urges States to Respond. “When vou get through at the fishing hole you would have been glad to have paid for several hundred fish 8 rate of four for a cent, the nursery cost. ery State would respond to the or more nurseries as have Ivania, Minnesota and New the job would be done, Mr. Hoover said. Hatcheries, because of their high | costs and technical skill required, are properly regarded as branches of the | Federal and State Governments Appeals to Save Waterfalls, An appeal to' the Izaak -Walton League to help save Cumberland Falls of Kentucky frorg the hydro-electric interests of the Middle West was voiced tonight by Tom Walldce, editor of the Louisville Times. Three cabinet officers, the Secre aries’ of War, Interior, and Agricul ture, constituting the Federal Power Comm “have a legal right, but | no moral right to rob Kentucky, the Appalachian Mountain America, of a priceless as: llace said. hey ms from the lla 1 hundred e , “and give it to g L it has been said, sives to Chicago, heat, light, power. 1 and United States Senators’ or 3-Room-Deep Type House 1736 B St. S.E. $300 Cash, $62.50 Monthly ¢ large rooms &nd bath: hot- water heat, _electricity, hard- wood floors _ throughout.” built-in refrigerator, large lot to wide 30 foot alley. This new house is all modern Lacy & Belt 493G S.W. Phone Fr. 8068 Corcoran Court 23rd & D Sts. Furnished or Unfurnished Apartments $39.50 to $87.50 _ Tuspect this attractive. building fore You tent in this Toeality. Al unusual features, including some lobby, switchboard service: 2 elevators, cafe, valet and maid service, a-toot living ' rooms, built-in shower bath, e CAFRITZ 14th & K Main 9080 Established 81 Years Complete Qutfit, Case and Cleaner Included Genuine Toric KRYPTCK Invisible Bifocal Lenses Toric KRYP- Lenses—(one Best lens: First and best quality. TOK Spherical Bifocal pair to sec near and far). made. Sold regularly $15. PRICE, Monday and Tuesday. KRYPTOK Invisible Bifocal Lenses One pair to see far and near Sold Elsewhere $6 & $6.50 Special Monday and Tuesday EYES EXAMINED FREE BY OUR REGISTERED OPTOMETRIST We Use the Finest and Most Modern Optical Instruments. KAHN OPTICALCO. 617 Seventh St. N.W. T(Between F and G Streets) SPECIAL $ 7.50 sh| not know what a great outrage it would be.” “Had they seen Cumberland Falls, not one of them would sanction hydro electric dams there, no more than he would sign the death warrant of Niagara, or agree to renewal of quar- rying the Palisades of the Hudsor the editor asserted. “They know, if they have heard our din, that Cumberland Falls is second in size to Niagara, East of the Missis sippl. But they don’t know the witch ery of the picture it presents in the depths of its wild mountain gorge in its framing of forest.” Hoover Honorary President. The ticket offered by the nominat- ing committee, with Judge Dickinson | heading it, was elected. Herbert C. Hoover, Secretary Commerce, was chosen honora:y presi dent. T] » vice presidents chosen include State Senator L. G. Bradford, South Bend, Ind.; Judge Escar Floyd, Dallas, Tex., and Col. Theodore Roosevelt, New York The new secretary is Fred N. Peet, Chicago, and the treasurer Thornhill Broome, Chicago. Irving obb, among the directors eleci Ossining, N. ] was CANADIAN CLUB TVO MEET. Will Hold Banquet on Friday Eve- ning, April 22. The Canadian Club of V hington will hold its fourfh annual banquet at the Wardman Park Hotel, Friday evening, April accompanied by an_entertainmen The Canadlan Minister Vincent Massey will be guests honor. The British Ambassador a Lady Isabella Howard are also e pected. Reservation C W and Mrs M road. Dr. B. N. C. Barnes is president of the club. Culver, 14 Window Frames Sash and Doors Fer Closing In Porches We carry everything needed for jobbing and repair service. WM. H. OLMSTEAD 1st and New York Ave. N.E. Main 4539 [ Men—Here coat—at savings. of | may be obtained from | 2 Columbia O DA R FEO VO ER TSNV O LT IV VPO PR T ’s your chance to buy the Easter outfit—Suit and Top- extraordinary will conclude the ninth consecutive series of Lenten services conducted by the Laymen's Service Association in Washington. Freeman to Speak 'l'w'n Days. Tomorrow the services will be con- ducted by Rev. W. L. Darby, execu- tive secretary of the Washington Federation of Churches. C. A. Davison will preside. Tuesda¥ ~Rev. Clyde Brown, rector of the Episcopal churches in Silver Spring parish, will offer the invocation and pronmounce the benediction. W. T. Galliher will preside. | Following the custom of the past | several years, Bishop Freeman will be the speaker Wednesday and Thurs- day. Rev. H, E. Woolever will conduct the ad-|the service Wednesday, and Eugene ervices in|E. Thompson, president of the adult | Bible class at Epiphany Church, will preside. BISHOPS 0 SPEAK - INLENTEN SERIES {Freeman and McDowell Will| Address Holy Week | Services at Keith’s. Two bishops will deli | dresses at the noon-day | Keith's Theater during the first four days of holy week. In other years & L Bishop “Freeman of the Episcopal Concluding Services of Week. Church has been the only speaker| Thursday Dr. L. W. during the week, but at the sugges.|chairman of the committee of the L tion of the committee on religious | men's Service Association, will be the work of the Washington Federation |presiding officer. He will be assisted |of Churches, whic co-operating | by Rev. Fred Brown Harris, chairman | with the Laymen’'s Service - | of the committee of the |tion of the , who will give the opening Diocese of Was} Mr. Harris recently was ment of the servi sident of the Washinston not to confine ation "of Churches, Dr. Glaz ans. »ok will take this occasion to p row and Tuesday W thank the management of th liam McDowell of the Baltimore Keith's Theater for the use of its Jonference of the Methodist Episcopal Church, chairman of the general com mittee of the Federal Council of | Churches of Christ in America |~ The ses s will be held daily dur- ng Holy week, except Friday and turday, at 12:30 o'clock and will st for a half hour. These services tomor- Bishop Wil ‘The Lenten services music which will precede som: them, will be broadcast from S WRC. The committee has received mny letters from persons listening in to the services in the neighboring Bargain “Home In Takoma Park | On a big 50 by 150 foot lot we offer Spanish type semi-bungalow with central living room, open fireplace, large dining room, four bedrooms. bath hot-water heat, convenient kitehen, large basement and fine garage. ms. For only $0.800 on very easy t Here’s Your Home if You Want Beauty A heantiful sem trees on a beautiful biz lot ¥ bungalow nestled i tl *with plenty of shrabbery, with stone porch colonades, stone fireplace, Jarge cheer- h, hof-water heat- ful rooms with oak floors, three bedrooms and complete bath, ing plant in a large Mght basement. Large garage opening on & paved alle. And the location is on Madison Street N.W.. right in the best part of the cit Special price and terms. Phone us about these quickly as they will t last long. Phone service every night till 9 P.M. Sunday until 2 P.M. The Joseph Shapiro Company, Inc. N.W. 919 15th St Main 8949 1T PAYS TO Gold BOTH SIDES OF 7™ AT K.ST. “THE DEPENDAB Glazebrook, | tion of | city, and a large crowd welcomed th players. . CLUBS GIVE CONCERT. Anthony Wayne Van Leer, one off Dartmouth Musical Organizations ::‘a Dllyer{s. 13 a Washington youth, ng a former pupil of the Hol] Heard by Washingtonians. Ctudio and a banjo soloist with the Members of the Dartmouth c(.“eg,| \;or:tm lclut-. Another local membe Musical Clubs, who were recelved at | of tho Ciubs is T, P. Bowdler, “cellist the White House by President Coolidge ol T SR yvesterday afternoon, gave a concert and dance at the Washington Hotel last night. The function Was Dre-|j,.es For that matter, a good mamy] sented under the auspices of the Dart- | aity men think the #ame way about mouth Alumni Association of this what they produce. The farmer believes he does not get enough money for what he pro Easter Giving a charming custom Remember the Bride With a useful present A little thought on your part and you can select a most pleasing gift some useful Electrical Appliance or Lamp SUGGESTIONS Floor Lamps... Bridge Lamps. . . Seasd New Colonial Bridge Lamp with shade .....$625 Adjustable Reading Lamp...... vedsia B0 Table -and Boudoir Vanity Lamps, Candlesticks, Girandoles, Bronze and Alabaster Lamps, etc. ...$5.50 up ..$5.50 up Guaranteed Electrical Appliances Electric Urn Set Complete.............. $8.00 up Percolators ..... SPeo “ .$3.50 up Hair Dryer . $4.75 up Curling Irons... 95c up Laundry Iron $2.85 up Waffle Irons... $6.00 up Table Stoves. ...$225 up Toasters ... ..$350 up Heating Pads and Vibrators. Thermolite Adjusto-Ray, bakes out pain, §8.09 Violet Ray, recommended by phys Joseph D. Campbell 517 10th St. N.W. Just Below F. (TR TOT VARV EE LRV D DO GO TOR AN T O PR OO RO M EEV PO Men’s Suits with one and two pairs of pants and Topcoats—at an un- believable low price for TORE® | guch quality clothing! A Sensational Auction Purchase of Men’s Suits and Topcoats at 331 & 50c on the Dollar Made to Retail at $19.75, $25.00 and $30.00 —Some Even Higher! This is the finest, most desirable lots of clothing we hav e ever offered at so low a price. Just think of buying a well tailored suit or topcoat, at one-half to two-thirds less than the garments w ere made to sell for! It’s won- derful news—and Easter only a few days off! The Suits and Topcoats in this sale were purchased at an Auction Sale I obtained the entire lot on such favorable terms that we can offer these garments at All Sizes—33 to 42 In Both Suits and Topcoats Also Some Stouts and Slims in Suits Only. el S e wetd il\New York last week, eductions of one-half and we to two- thirds. The majority of the Suits and Topcoats in our purchase are the product of Andrew Peavy —a well known clothing manufacturer of Boston, Mass Men who are looking for good fabric: and H. Seigle of New York. splendid workmanship and popular style, and want to save a great deal of money, will find in this sale a wonderful opportunity for savings on their Easter and Spring outfit—suit and topcoat. The sale includes—One-Pants Suits—Two-Pants Suiis—Sports Suits With Golf and Long Pants and a Large Selection of Topcoais The Suits Include: All-wool Cassimeres, Cheviots and Worsteds, in light, medium and dark shades, all well tailored in single breasted two and three button models. and blue mixtures. The Combination Suits are with Golf Coats, one pair. of Golf Pants and one pair of Long Pants—ifor busing street wear. These are in Fancy Mixtures, Tweeds and Homespuns. Y Brown, gray, tan Or- - CE T e I The Topcoats Include: New Tweed Homespuns, Diamond and Plaid weaves and mixtures. shades of tan, gray, smoke, oxford, etc. Black Chesterfields, with silk or.satin shoul- der and sleeve linings. @oldenberg’s—First Floor ‘Medium and dark Store for Men: Dircet Eatrance from Seventh St IR P MR