Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-17
GOING TO FIGHT IT
Merchants Won't Clear Sidewalks Without
Legal Decision.
Basis of Their Claim-What the Com
missiOners Say-The Old Law
Of the Corporation.

Merchants who for years have occupied
portions OF the sidewalk for the display
OF goods, as we'll as for the display of signs
will not comply with the recent order OF
the Commissioners until they have fought
legal battle "A the Police Court. The
validity OF the law is to be attacked. Con-
gress in giving the Commissioners power
to make certain police regulations, 1t Is
said, did not confer upon them power to
repeal existing laws, and the recent regula-
ton Is regarded by the legal advisers OF
the merchants affected as direct repeal
of the act OF the late corporation of Jan
uary, 1856. Under that act section Is re-
fers 70 the alleged distractions in these
words:
The Old LAW.
ut shall not be lawful for any person or
persons to place or cause to be placed, or
allow to remain. any goods. wares or mer-
chandise, or any sign, box, barrel or other
obstruction on either of the footways OF
any street or avenue further than four
feet from the building line, or on any OF
the open spaces, or on the pavements
fronting or running through the same; or
to place or allow to remain any horse
rack or horse-trough on any street or
avenue, or on any open spaces of the
same, under penalty Of not less than one
nor more than five dollars for each offense,
and from enc to five dollars for every day
the same may remain; provided that any
person may set up neatly prepared post,
at such place as the commissioners of I'M
provements may direct. in front OF his or
her house for the purpose OF fastening
horse; and that this section shall not ap-
ply to any person in the immediate act OF
moving or removing merchandise or any
thing In the way Of their trade or bust
ness. or for the use OF their families; nor
to flour, spirituous liquors, or such other
articles as are to be inspected or gauged
under the laws of this corporations; nor to
the sale of goods. wares or merchandise
exposed by auctioneers IN front OF their
places of business on the day Of public
sale: such goods. wares and merchandise,
however, to he so arranged as to leave
q free passage Of one-haf the pavement
way: and all such goods to be removed
within two hours after such SALE"
Going to Fight.
This act. according to affected persons
shows the merchants to have been per-
mitted the use of four feet for the display
of goods, while under the recent regula-
ton Of the Commissioners the use of any
part OF the sidewalk is prohibited, and
swinging signs must be eight feet above
the sidewalk and must project not more
than forty-two inches beyond the building
line.
The police have notified almost every
chants have not displayed any willingness
to comply with the terms Of the order,
and today Prosecuting Attorney Pugh
made a start, issuing warrants against
the alleged offenders. About sixty war
rants were issued today for saloon keepers
BARRIERS, Chinese laundrymen and others
for alleged violation Of the provision
against swinging signs. Most of these
warrants were sent out for service this
afternoon. and the cases may reach court
tomorrow.
Commissioners Discuss 1t.
The Commissioners devoted a large part
Of the day to discussing the recent orders
regarding distractions to the sidewalks Of
the city. 1t will be recalled that the board
recently called the attention of the police tt
the law governing distractions in the stree
and directed strict compliance Herewith
One of the Commissioners said to Stal
reporter today: "All the Commissioner:
have done is to direct the police to carry
out the law. and remove from the side.
walks Of the city all distractions placed
there contrary to law. They are not wag
ing war against bootblacks nor against any
one, for that matter; they simply had tG
refuse permit to a bootblack and did no,
think that it would be fair to discriminate
against him, and SO made their order gen
org