The Washington times., 1895-01-28
Police Lieutenants Instructed to
Cease Prosecuting Merchants.
ACTION OF THE COMMISSIONERS
They Want Time in Which to Consider the
Subject with Particular Reference to
Judge Kimbalrs Decision in the Test
cases-Their Purpose Verbally Commun;-
cated-Text of the Opinion Furnished.

The Commissioners have ordered hold-up
in the prosecution of merchants and others
Tor violation of the so-ealIed street obstruc-
tion law until Judge KimbalI's recent decision
on the subject has been received and digested
by them.
verbal order to that OBJECT has been re-
ceived by the several police lieutenants.
The text of Judge KimbaIrs decision, as
furnished to the Commissioners, is as follows:
II have carefully considered the questions
raised in these cases and am of the opinion
that 10th the act of Congress of 1862 and the
act of the common council Of Washington Of
1856 are in force-the former defining the
permanent use OF the streets and avenues,
and the latter the temporary use.
Under the act of 1856 persons are entitled
tothe use of four feet from the building line
for temporary building purposes.
FOUR FEET THE LIMIT.
"They cannot, however, make permanent
structure. either attached to the building or
to the wall, or otherwise. but the use contem-
plated by that act was temporary, not to ex-
tend beyond four feet from the building line,
that is, not outside of the bay window;
neither does said four feet include any por-
/ tion OF the streets and avenues set aside for
parks as provided for under section 225 of
( the Revised Statutes, relating to the District.
! Where such portion is set aside for rarks it
cannot be used for any other purpose.
'In my judgment the act of the legislative
assembly of 1872 for the protection of park
ing does not change this use. The purpose
OF setting off parking was three fold-frst,
because it was cheaper for the District TO have
] less roadway TO pave and care for; second, IL
/ for fna adOrnmant OF the haVInD
these plots for grass, flowers, and shru5bery,
and third, it was TO the advantage OF the
abutting owners TO have these spaces IN front
of their property so adorned.
Il do not think there is any authority in
either of the said acts for the use OF the park
ing, so set aside. for any other purpose-not
even four feet of it.
TEMPORARY USE OF PARKING.
IF, however, the Commissioners authorize
paving to be laid from the curbstone to the
building line, then the act OF 1856 would al
low the temporary use of the four feet.
Under the act of 1852 no permanent
structure can be erected outside of the build
ing line, excepting such as may be provided
for in the building regulations, or signs
placed eight feet above the level of the sid e.
walk. and under the present police regula-
tions to extend not more than three feet six
inches from the building line.
Under these views of the law each OF these
cases. where il is shown that the defendant
was using less than four feet for a temporary
use. the structure not being in any sense a
permanent one. must be dismissed. But in
the eases of the two defendants charged with
maintaining fruit stands the evidence shows
that the structures are permanent ones and
are in clear violation of the act OF 1862. 1t
makes no difference that one of them shows
his structure TO be over an area; the only
question is the structure permanent one
outside the building line"