Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-15
CREATES CONSERVATION
The Commissioners Order Regarding Side
walk DISTINCTIONS.
What 1t II Based on and What an
Application Will Mean-On
LOuisian mn Avenue.

The order Of the Commissioners directing
the major and superintendent of police to
remove all bcotblacks and others who oc-
cupy the public streets in violation Of law,
as published in yesterdays Star, fell like
a bombshell on the several hundred per-
sons whom the order will affect. The mer-
chants who do business on the sidewalk in
front of the places of business on Louisiana
avenue between 9th and 10th streets were
especially affected. Several times during
the past few years the sidewalk merchants
have been in danger of losing their hold on
the sidewalks, and it has only been few
months since warrants were issued for a
rumber of the merchants and were after
ward nolle pressed. These warrants, it is
said, We're issued against the occupants of
the Louisiana avenue sidewalk, because of
Sc me trouble about the arrangement of
their stands or coverings. These stands on
the sidewalk are permanent structures, but
at the time mentioned the cases were not
prosecuted The removal of these stands
meant a large decrease in the revenue of
the owners of the buildings, and so the
merchants have been permitted to the
sidewalk since that time without fear of
me leStdtion.
An Order Issued.
Just one month ago the Commissioners
passed an order amending the police reg
ulations so as to prevent distractions of
various kinds, covering about the same
ground as that covered by the building
regulations. This regulation prohibits the
erection of signs against trees, lamp posts,
poles or other objects. Signs placed upon
houses must be erected under permit, and
no sign is permitted to extend more than
forty-two inches beyond the building line.
Under this regulation the construction of
awnings and location of carriage steps are
regulated. and provision is made for other
things in the nature of distractions.
Judge COx's Ruling.
In the case of the District against George
Munroe, charged with keeping a booth on
the sidewalk, Judge Cox rendered a de-
cision against the defendant.
The law of 1885, an act of Congress, pro-
vides that mo open space, reservation or
other public ground in the city of Wash
ington, nor any portion of the public
streets or avenues in said city, shall be oc
cupied by any private person, or for any
private purpose whatever"
This, Judge Cox said, is substantially re-
pedted in other acts.
I'm contemplation of law" Judge Cox
said. the street includes the whole space
between building lines, and the title to the
streets is vested in the United States
Further on in the course of his decision
Judge Cox said: Anything which, in the
shape of an obstruction. is intended to re-
main permanently upon a part of the street,
and to be used by the owner exclusively for
bis own private purpose, comes within the
description of an occupation which is inhib-
tied by the act of Congress and the ordi
nance of 1862
Under this decision it is said by some at
torneys, that the Commissioners have no
power to permit distractions between the
building lines.
This decision, however, has no bearing on
the temporary occupancy of the sidewalk
by merchants in the transaction of their
legitimate business, and the police resula
ticns make ample provisions for such bust
ness.
Possible Resistance.
1t Is possible that the merchants on
Louisiana avenue will contest the matter
q, CT han IL