Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-12-14

ENFORCING THE LAW AGAINST MERCHANTS.
The recent opinion of Justice Cox in the case
of the District Of Columbia against George
Munroe. on appeal from the Police Court. the
charge being the Illegal occupation of the street
by Keeping a stand on the sidewalk has rem
dered il necessary that the law shall be enforced
In all similar cases. There were some
thirty warrants issued from the Police Court
Monday. against merchants and business men i'm
the center of the city. II is understood that
this course is To be continued until all obstruc-
tiOns shall have been removed from the side
walks This service will affect The Mmbermen
and others who do business Il street Louis
lana avenue. Ohio avenue and other streets
south of Pennsylvania avenue. and those nier-
chants who have permanent stands on F. 18TH
9th. 9TH and other streets where goods are
exhibited or soil. The first of these new cases
was tried on Monday in the Police Court. and
appeal from the decision of Judge Smell
imposing q fine of 50 was noted. as
stated in The STAR OF that day. The
custom of occupying the sidewalks and parks
between the building lines and curbs has so long
prevailed in this cIty that any interference on
the part of the police has been looked upon by
business men invasion Of their rights. and
when the attempt has been made to enforce the
obnoxious law bad feeling has been en9endeTed
between the citizens and officers In the deci-
sion of Justice Cox. referred to above. he cites
the act of Congress of 1913 which provides that
''no open space public reservation. or other
public ground i'll the city of Washington nor
any portion of the public streets or avenues i'm
said city, shall be occupied by any private person.
or for any private purpose whatever" Also,
the act OF 1862. reading: No open space pub
lie reservation. street or any public ground in
this city. shall be occupied by any private per-
son. or for any private purpose whatever, under
penalty of not more than $50 nor less than
S25 per day for every day or part of day any
such place shall be so occupied" Also the act
OF the city of Washington of 1856. which de-
clares that 1T shall not be lawful for any per-
son or persons to place. or cause to be
placed. or allow to remain. any goods,
wares or merchandise. or any sign box. barrel.
or other obstruction. on either the fOOtways of
any street or avenue further than four feet from
the building line" &c. Judge Cox CONSTITUTES
this To have reference to goods temporarily
placed on the sidewalks. but not to permanent
occupation; Also that i'm contemplation of law
the street includes the whole space between
the building lines. and that the title to the
streets is vested in the United States. Goods
are put upon the street temporarily, and in
tended for removal; that is a licensed obstruc
ton under the act of 1856. But to erect any
kind of structure, booth. addition to q
house. &c. and TO occupy part of the street
the whole time, and to be under the exclusive
control and in the Use of the owner of the ad
joining building. a stranger holding under
his license Is considered an occupation of the
street within the prohibition of the act of Con-
gress and OF the ordinances of Washington.
Edward l.. TOlsOn, JnO. X. W. Mankin,
Pool i Brooks. Henry c. Gray & Co. and j. S.
Redmond. merchants doing business on Louis
lana avenue and 9th street. were before the
Police Court. yesterday. for obstructiny the
sidewalk, by placing their goods and wares
more than four feet from the building line. The
case was continued until Friday. and the de-
fendantS recognized for their appearance.