Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-12-22
USE OF STREETS AND AVENUES.
0pinisn 81 Attorney Riaale.


NJ. A. G. Riddle, the attorney q the District,
has submitted to the Commissioners the following
opinion In relation to the bill which recently
Arro2xRys OFFICE, nee. 10
Gentlemen: Herewith and senate bin 205z.
regulating the use OF avenues streets, &C., With
some references Of mine to the present state Of the
The paramount purpose Of . street IA Of course,
TO furnish q free clear way along and over given
surface. The region above the earth and below
has always ADVISED that there exists IN the DIS
sonsi on THIS sar sSs0
pubic WORKS and declared |. asnsn have entire
necessary for Keeping in repair the streets, ave.
nueS &C." This power came to the Commissioners
by the acts OF June 90, 1874 and Of June II. 1873
power was literally construed In Barnes vs.. the
District 81 U. 8, 81 II Is not there construed rs
to ths Of ana ID
streets when they concerned:
Section Up, Revised statutes District OF Colum-
walton or public ground in the city Of Washington
nor any portion Of the public streets avenues In
said city shall be occupied oy any private person.
guage is broader than that OF the bin, and ike
that lacks the persuasion power of penalty. Con-
gress alone can authorize any use Of street save
sioners are with the care Of the streets without
power to devote any portion OF them 10 any other
When Congress permits q company to carry its
telegraph wires "along and over" street the COM
pany has yet TO secure permit or the Commits
the shall be In strict subordination to the
governing OF public way.
The case OF Hewitt may here be referred to.
Your predecessors gave permit 70 the Western
Union telegraph company to erect poles along 7th
street northwest, and the citizens filed their bill
enlon Their erection The EQUITY Court granted
had authorized the company TO extend its wires
'aleng and over" said street and the bill was dis
ing to the Supreme Court OF the United States.
See 4th Mackey Rep, 424.
Nobody contended then, nor now, that the Com
may be doubt whether an act authorizing wires TO
be carried "ai0ng and over q street permitted
their transit under the surface and, curiously no
these offensive objects, and the disappearance OF
their dangerous supports. II might be stated that
tnis %m tne g
wire. Our law OF Incorporation. which permits
railroad companies to organize, requires them to
sanction and license Sec. Ga, Revised statutes,
d. c., p. 81.
So 2ar as street railroads are concerned they are
name. mo further street railroads shall be laid
down In the city OF Washington without the con-
sent OF Congress" Sec. pa. Id, Id The occu-
propelled cars has been and promises to remain a
source OF trouble, which is gratuitOus state
ment. 1t may lead to citation OF the case OF the
B. and P. VS.. the District OF Columbia. The COM
pany claimed the right to carry its tracks across
14th street southwest to ground for warehouse
permit. The company persisted and were stopped
by the police. Thereup0n IL hled bill toreStrain
the Commissioners from so using the police and
the supreme Court OF the District on hearing
was broad under its charter as recognized by acts
OF Congress. Our claim that In the District It.
could make no use OF street without direct per.
mission OF Congress. We took the case to the
United States Supreme Court, where on motion to
dissolve the Injunction decreed below the case was
the court declaring most explicitly that railroad
company could make no use OF q street in the
District OF Columbia without q license from Con-
gress Sec. LA, q. s. Rep, 453.
No railroad advocate can now be found to con-
tend for the contrary. ERegarding ancient George
town part OF the capital city, ii Is thus seen that
the supposed weak points are about as well pro-
tected as the legislation OF Congress and the judy
mentS OF the Supreme Court could permit.
F1rStSectiOn d. above quoted, broadly forbids
the use OF any portion OF any avenue, street. pub
lie ground or reservation for any private purpose
whatever.
Second-Section 224, as seen, requires all street
railroad companies to procure q license from Con-
gress for any use OF a street
Third-Section $40 requires tho routes OF all
railroads organized under theDfstct Incorporation
law to be approvedby Congress Fourth-Con-
gress and the supreme Court unite In forbidding
the use OF the streets to cars propelled by steam
without an authorization by Congress first secured
Should be deemed wise TO repeat these provisions
In convenient form, as in the proposed bill, sug-
each violation OF its provisions to be enforced BY
the Police Court"