Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-07
THE MARKET HOUSE SIDEWALK.
Attorney Thomas Says That the District Com
missioners Have Control Of It.

Attorney Thomas Says That the District Conn.,
missioners Have Control Of II.
The assistant attorney for the district, Mr..
s. T. Thomas. today submitted TO the
Commissioners his opinion in the matter OF
the assignment CT places on b street FOR the
commodstion of farmers attending the Center
market recently referred 70 him by the Com
missioners for an expression Of his views as 10
the power of the Commissioners 10 apportion
spaces permanently TO the wholesale dealers on
the south side Of ID street and also to retail
dealers on the north side Of b street
He saws.
The title Of the streets and avenues Of this
city being in the United States. Congress in
lsis enacted that no open space, public reser-
vation or other public ground in the city of
washington. nor any portion Of the public
sueets OF avenues IN said CITY. shall be occu-
pea bS any private person or for any private
purpose "hatsoNer. Bat II WAS evidently not
the intention OF Congress. | think TO prevent
the sidewai ks around public markets and public
squares adjacent to such markets from being
used under proper regulations for the sale OF
vegetables or other country Produce. since
nearly ten years later the corporation of
Washington. which had large charter powers
from Congress. By an ordinance approved May
"a, 1857. established certain public
markets and prescribed rules for their gov
ernment (Webbs Digest. 25i) By section Is Of
the act Q; 1857 it was provided that lit shall be
the duty OF the clerks of the several mar
kets 70 lay eff and marx in convenient spaces
tine several pavements la. adjoining 70 and
bordering on the market squares or open
spaces or thoroughfares and which may lie
used Tor the sale or exposure for sale OF yege-
tao!es or other country produce: and any
person or persons using any more OF said
space or spaces than may be assigned them by
said clerk shall forfeit and pay a sum not less
than five dollars nor more than ten dollars for
any market day or less time they may any
such place"
There is nothing in the charter of the WASH
inSton Market Company TIC Stat, l24) in con-
iilct with the city ordinance. On the contrary
section 10 OF this charter supports my CON
struction OF the act of 1873. since il provides
mat from the passage OF tins act marketing
OF the produce herein named shall lie
excluded from PENNSYLVANIA and Louis
iana avenues and the sidewalks and
pavements thereon So that the city ordinance
was IN force IN 1871 when the change an the
form OF government of this District took place.
ana was one of the ordinances continued ia
force on the abolition OF the old government
fut irrespective OF the question whether the
commissioners rs the successors of
inc cid corporation government have
power under the ordinance of 1857 to
make regulations concerning the sale of coun-
try produce by farmers at and near the several
markets In this city. section 2 of the market
companys charter provides expressly that
the municipal government of said city shall
AT all times have power TO make and en-
force such regulations with regard to said
market and the management thereof as in
thelr Judgment the convenience. health and
safety OF the community may require" 1 am
OF opinion, therefore. the COMMISSIONERS
have ample power and authority, both under
the ordinance Of 1857 and section OF the
market company's charter to regulate the use
OF the sidewalks adjacent TO the several mar kets
for the sale of country produce.
1t has been repeatedly held and is now estab-
includes the whole space between the
building lines, and is not confined
to what is called the carrIagevay III.
therefore. the market companys building is
on the building line the sidewalks on the nor IA
side OF Il street next TO the market building is
as much under the control of the Commission
ers Is the sidewalk on the south side OF the
| street is, and hence they may make such
reasonable regulations in regard to retail deaf
ers occupying that side of the street as they
may deem proper
1 do not understand that the market COM
pany have anything to do with this matter. ex-
cept by way of suggestion (waen requested
by the Commissioners), on either side of Il
| street Its right TO regulate would seem
to be limited tsee. 2, 10 Stat, 1851 to the
stail, stands and privileges of all kinds
III The market to be Used Tor market pQr-
poses" The market company may make such
regulations in regard to its stands. stalls. &c,
inside the market building as are reasonable
and proper. Its charter excludes the idea that
| outside of its buildings. The streets
and avenues OF this city, including the
sidewalks, are in the keeping of the Commits
sioners of this District, who are by law charged
with the care of them. and not the market COM
pany. The Commissioners may license the
use by dealers in country produce of the
| sidewalks next to market houses and in front
of squares adjacent to the market house except
on Pennsylvania an. Louisiana avenues and
the sidewalks and pavements thereon and may
assign spaces for dealers on both sides OF il
street under such regulations they may deem
reasonable and proper.