Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-12-07
Cost Of Repairing Sidewalks.
OPINION OF ATTORNEY RIDDLE.

Mr.. c. NJ. Matthews having sent a commune
cation to the District Commissioners in refer
ence to needed repairs of sidewalks in West
washington, they referred it the to Attorney for
the District of Columbia, Mr. A. G. Riddle, who
has sent the following opinion to the Commits
sioners: Herewith / return the communi-
cation of Mr.. Matthews, No. 80, 1856 The ques-
ton proposed, though speculative, is of great
practical Importance. 1t is covered by the opin-
ion of this Office referred to in your current re-
port (p. 10, sidewalks,) and yet. perhaps, is
| entitled to broader treatment than it there
received
Under the charter and ordinances Of Washing
ton. and the 7th section of the act of Congress
of May 81, 1862, Q2 stats, 4O5 the costs Of inn
proving ard maintaining foOtways. side
walks in the two cities were chargeable upon
abutting property. This was the rule till the
passage Of the act OF February 81, 1871, 06
stats, 49, the 37th section of which authorizes
the board of public works to charge one-third
only OF the costs of the improvements. streets
avenues" &c.. upon the property adjoining.
Inasmuch as fOOtways. as they were called
In the Older statutes and ordinances are i'm
pOrtant, and now often the larger part OF streets
and avenues, this section was justly held to
have repealed all existing legislative provisions
on the subject.
The act of the District legislature of August
10. 1871, was intended to carry the provisions Of
the above 37th section into effect. Laws d. c.,
pit. 2. p. 81.
The act of December 10Th, 1871, required
THAT all improvements made subsequent to
February 81, 1871, the date of the approval of
the organic act (of the District of Coumbia)
shall be assessed in accordance with the require
ments of the 37th section of said act" Laws
ID. c., pit. 3, p. II.
The provision of these statutes remained the
law until the passage of the act of June II, 1878,
1or the establishment OF permanent form of
government Git is to be hoped) for the District of
Columbia, and under them the costs of sidewalks
were properly regarded as part of the general
costs OfimprOving street or avenue.
The fifth section of the last named act, with
out specifically naming sidewalks, treats
them as parts of streets and avenues and
charges the whole cost upon the general fund.-
contributed equally by the United States of the
District of Columbia. Twenty Stats, 1O2 OF
course this repeats 80 much of the 37th section
of the act of February 21st. Of August 10th, and
December 18th. all of 1871, as are Inconsistent
with it. and furnished the present rule.
shall therefore say that, in my opinion, the
seventh section of the act of May q. 1862 is not
now in force.
The last remains of charging the costs of i'm
provements upon property adjoining or supposed
to be benefited thereby, is in the matter of
alleys. AS to these. so far as the old cOrpOr-
alton of Washington is concerned, I think the
law is unchanged
The charters of the street railroads and the
act Of June IL. 1878, which charges the costs of
paving portions Of the streets over which they
respectively pass, to the several companies,
place that burden upon them as part
OF the consideration for the grants of
their franchises as corporations"