Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-18
THE sEvENTH-srREEr ROAD.
Attorney Riddle Decides that its Legal
Width Is Sixty-Six Feet,

The long controversy over the width OF the
Seventh Street road has at last been settled BIZ
an opinion from Attorney Riddle. THE srAn
has heretofore referred TO Capt symons' rec
concentration that the question Of the legal
boundaries Of the road be submitted to the at
torney for the District for settlement. Asstated
above Attorney Riddle rendered his opinion.
which is as follows:
IN the matter Of the proposed increase Of
the width of the seventh Street road from
boundary to Rock Greek Church road. have
had the subject under consideration aud. after
full conference with the surveyor 81 the Dis
trict, submit my conclusions and return the
plat ana papers. Ii seems that none of the
leading roads from the city exceed 66 feet in
width: Ii also appears that the original survey
ana plat by the Commissioners of the seventh
Street road was not followed in fact when the
road was actually constructed. nor could that
be now done. The provisions Of law leave no
room Tor doubt of NV anal conclusion The
act OF Congress of April %. 1910. created q
company 10 construct several turnpike roads,
among them one from Boundary street and 9TH
street west TO the District line. 20 connect with
turnpike road leading from Rockville. Md,
10 be not less than 10 feet wide. ON applica-
tlou, the judges of the District Circuit Court
should appoint three commissioners 10 survey
and lay out said road. That company took no
action in the premises
February 3. ISIS. the MARYLAND legislature
created a company 10 construct a turnpike road
from Rockville to the District line The 18th
section provides. that the president mani
ayers and company shall cause said road 10 be
lald and opened. Slriy-Sir f,,f ,rj,L February
10. 1919. Congress passed an act declaring this
act to be IN force IN the District of Columbia,
ana that said privileges were conferred on the
District turnpike company. by the above act Of
April, lrl0. Under tins act. the Circuit Court
OF the District. appointed a commission to
locate ana survey the road IN the District, from
/ Boundary TO the Maryland line. The commits
sion reported the location with plat June l6,
1919. which was approved. The Commissioners
undertook to say that the road should be 20
feet wide. There was no authority of law for
tins width. The Maryland statute extended
INTO the District by the act of Congress Of
February 10, 1873, above cited, fixed the width
at to feet as seen above.
Had the road been laid and constructed 20
feet wide. and had landowners acquiesced in
that, the acqulesence would IN time have given
| title 10 the whole. so, had the act given the
! night 10 take 30 feet, and the company. az IL
did. had taken but &c feet. that would have
! been a REIMBURSEMENT of "a feet and IL would
! have been utterly useless long ago TO attempt
| TO assert r right 10 il. No one would think Of
doing so now. The road thus appears TO be
| legally 60 feet wide and no more. In my opin-
| ION. If the Commissioners deem it advisable TO
increase the width to 20 feet it will be necessary
10 acquire the land needed by condemnation"
WHAT CAPT. sYMoNs SAYS.
In speaking of the above Capt Symons said:
ut has been the general impression smong
great many people, including members of Con-
J CESS, that tine legal width of this road is 30
| feet. There was a survey made of the road, and
the question was whether the houses built along
| the same within the gO-foOt line encroached
l am very glad the question has been settled,
\ but sorry that il is against us. although be-
heye II is just. 1t relieves the people who have
built houses along the road of great suspense.
The only way the road can be widened now is
| by condemnation"
t. Onward and upward" is the motto OF
HE EVENING STAR Onward in its extending
| influence, upward in its circulation and adyer-
tising business. The increase is a steady,
healthful one